RAM PRAVESH RAI ESTATE PRIVATE LIMITED Vs. STATE OF BIHAR THROUGH THE MINES COMMISSIONER-CUM-PRINCIPAL SECRETARY, PATNA

JUDGEMENT

(1.) Both the writ applications have been filed for issuance of writ of certiorari or writs in the nature thereof or any other appropriate writs/orders/directions for quashing part of common order dated 11.05.2015 passed in Revision Case Nos.26 of 2012 & 14 of 2013 by the Mines Commissioner, Department of Mines & Geology, Government of Bihar, whereby and whereunder only remission of the auction amount for the corresponding period during which the Petitioner could not do the mining operation in his lease area is allowed and further directed to take necessary action against the illegal doers and realize the government revenue so involved as per provision of law in the light of Inspection Report.

(2.) The Petitioner had moved in Revision Case No.26 of 2012 & 14 of 2013 before the Mines Commissioner, Bihar, against the order dated 05.03.2012 of the Collector, Nawada, whereby and whereunder the lease dated 23.11.2018 was terminated and the amount deposited was forfeited in respect of Plot No.01 (Parts), Block No.21, Area 2 Acres in Mauza Khakhandua on the basis of ex-parte report dated 03.04.2010. A Xerox copy of the order passed in Revision Case No.26 of 2012 & 14 of 2013 by the Mines Commissioner, Bihar, against the order dated 05.03.2012 of the Collector, Nawada, is enclosed as Annexure-1 to the writ petition (CWJC No.9554 of 2015).

(3.) Counsel for the Petitioner submits that pursuant to the notice bid was invited under Rules 22-A and 52 of the Bihar Minor Mineral Concession Rules, 1972, for granting the mining lease of all the tract of lands situated at Mauza-Khakhandua, P.S. & Circle- Govindpur, District- Nawada, Area two acres bearing Thana No.309, Cadastral Survey Block No.21, Plot No.01(P). It is also submitted that after completing due formalities as per law a formal registered lease deed of mining for minor minerals in prescribed format Form-D was executed on 23rd November, 2008, before the registering authority with the signature of the Collector, Nawada, and Assistant Director, Mines and Minerals Department, Nawada, on behalf of Governor of Bihar, and Ram Pravesh Rai Estate Private Limited through its Director, Ram Pravesh Rai (Petitioner) registered under the Companies Act, 1956.