(1.) Petitioners have filed instant writ applications for issuance of appropriate writ for quashing the order contained in Memo No.3649 dated 12.09.2018 issued by the Under Secretary, Department of Mines & Geology, Government of Bihar, Patna, whereby and whereunder direction has been issued to cancel all the allotments of the Balughats including the Ghats allotted to the petitioners.
(2.) It has been submitted that allotment of sand ghats have been made to the different allottees as per Bihar Minor Minerals Concession Rules, 1972. Due to failure in compliance of certain terms and conditions, allotment for certain ghats were cancelled. Advertisement was published on 23.02.2018 (CWJC No.20099 of 2018) and on 08.03.2018 (CWJC No.19967 of 2018) by the Respondent No.2 for publication of reverse e auction notice for certain sand ghats under the district of Jamui including the sand ghats of the petitioners. In pursuance of the said advertisement, standard bid document for reverse e auction was issued by the Department of Mines and Geology as per provision of the Bihar Minor Minerals Concession Rules, 1972. Xerox copy of the letter dated 23.02.2018 (CWJC No.20099 of 2018) and dated 08.03.2018 (CWJC No.19967 of 2018) along with reverse e auction notice and Xerox copy of standard bid document are enclosed as Annexure-1 and 2 respectively to the writ applications.
(3.) Petitioners of both the writ applications participated along with others in the said reverse e auction, purchased the bid documents, deposited the required registration fee etc. After proper scrutiny and verification, bid was opened and finally allotted in favour of the petitioner by a duly constituted State Level Committee comprising of (I) Under Secretary, Mines and Geology Department (Member), (II) The Deputy Director, Mines and Geology Department (Member), (III) The Special Secretary, Mines and Geology Department (Chairman). Through e auction, Nariyana Chacho Block 1 sand ghat was finally allotted to the petitioner (CWJC No.20099 of 2018), Bariyarpur sand ghat was allotted to Petitioner No.1 and Satgama sand ghat was allotted to the Petitioner No.2 (CWJC No.19967 of 2018) in the district of Jamui up to the period of 31.12.2019. The Petitioners deposited Rs.10 lac as earnest money as well as also given adequate bank guarantee and meet out the required necessary formalities. It is further submitted that after completion of all formalities, the Petitioners submitted their separate planning of mining for approval before the Respondent No.2.