CHANDAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Sanjeev Ranjan, learned counsel appearing for the petitioner and Mr. Lalan Kumar, learned Assisting Counsel to Mr. Naresh Dikshit appearing for the Mines Department.

(2.) The facts are not in dispute and in fact lie in a very narrow compass. It is not in dispute the petitioner is a successful bidder for the Sand Ghat in the district of Saharsa for the period 2016-19 as manifest from the letter no. 409 dated 30.6.2016 of the Mines Inspector-cum-Appropriate Authority, District Mining Office, Saharsa. It is following the settlement and in terms of the demand raised that the petitioner also made the security deposit along with the 1st instalment and admissible taxes within the stipulated period on 7.2016 as manifest from Annexure 4. The petitioner also submitted mining plan within the stipulated period on 29.7.2016 as manifest from Annexure 5. Thereafter the Mining Department has gone into slumber for no order was issued on the submission so made by the petitioner which came only in December, 2016 when the mining plan was approved as manifest from Annexure 6 at running page 24 of the writ proceedings. The petitioner applied for environmental clearance on 23.1.2017 which consumed another three months because the environmental clearance was granted on 16.3.2017 as confirmed from Annexure 7 at running page 27.

(3.) In between this completion of formality, the settlement period of 2016 expired and the petitioner having deposited the settlement amount of Rs. 18,36,740/- stated to be proportionate 1st instalment of settlement amount for the period 2016 together with the security amount as also the proportionate amount towards income-tax, could not avail the benefit thereof in 2016.