NARENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, the petitioner has prayed for quashing the First Information Report as contained in Annexure -6 to the writ petition and further for issuance of an appropriate writ and/or direction to the Deputy Commissioner, Santhal Pargana, Dumka, to fix the sale price of sand for the year 1998 under the provisions of Bihar Minor Mineral Concessions Rules, 1972.

(2.) THE petitioner took settlement of sand ghat of Bijaypur and Rasikpur being highest bidder and the District Mining Officer, Dumka by letter dated 31.12.1997 asked the petitioner to execute agreement. It is stated that Bijaypur and Rasikpur Balughat were being settled by auction in 1995 fixing reserve Jama of Rs. 1,40,000/ -, but the price of sand was not fixed. In 1996, reserved Jama was enhanced to Rs. 1,73,000/ - and the price of sand was fixed to be Rs. 90/ - per hundred cubic feet. The petitioner's case is that in the notice of auction for settlement of Balughats for the period 1.1.1998 to 31.12.1998, reserve Jama of the aforesaid two Balughat was enhanced to Rs. 2,07,000/ - without fixing price of the sand. It is stated that one Basant Kumar Jha, approached the Mines Commissioner, Patna, who vide his order dated 25.4.1997 passed in Revision No. 37 of 1997 directed the Deputy Commissioner, Dumka, to fix the price of sand to be sold, but no price was fixed and as reserve Jama was enhanced, so it would be deemed that price of sand was enhanced. The petitioner's case is that since 1996, the price of sand was not fixed although reserve Jama was enhanced from time to time and according to the petitioner even if enhancement is made, the price of the sand cannot be below Rs. 165/ - per hundred cubic feet. The petitioner's case is that without fixing price of the sand in the year 1997 and 1998, on the instigation of the enemies of the petitioner first information report was lodged by the District Mining Officer, Dumka alleging therein that the petitioner was collecting Rs. 165/ - per hundred cubic feet of sand. The action of the District Mining Officer in lodging the F.I.R. alleged to be an abuse of the process of the Court.

(3.) I have Mr. Ram Chandra Jha, senior counsel appearing for the petitioner and leaned counsel appearing on behalf of the Respondent -State.