MAHADEV ENCLAVE PVT LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By filing the instant writ application under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondent authorities to refund the full amount of security deposit and 40 % of the bid amount amounting to Rs.30,10,000.00 and Rs.1,20,40,000.00, respectively, totaling to Rs.1,50,50,000.00 pertaining to Narottampur Sand Ghat Mining Project on Sundar River, situated at Mouza Narottampur in the district of Godda, having an area of 22.72 acres in view of the fact that the respondent-authorities have never entered into an agreement with the petitioner pertaining to the said sand Ghat and the petitioner was further not allowed to excavate sand from the mining side. It is also prayed for a writ in the nature of mandamus directing the respondent authorities to pay interest @ 18 % per annum on the amount to be refunded to the petitioner towards security deposit amount and other dues, as stated above. The petitioner has confined his prayer to the aforesaid extent.

(2.) The facts of the case lies in a narrow compass: It appears that the Respondent-Deputy Commissioner, Godda vide Public Notice dtd. 30/3/2015 invited applications in terms of Rule 12 of the Jharkhand Minor Mineral Concession Rules, 2004 for allotment/settlement of various Sand Ghats of district of Godda for the financial years 2015-16 to 2017-18. The petitioner participated in the bid and was declared successful pertaining to Narottampur Sand Ghat, having area of 22.72 acres situated at Mouza Narottampur in the district of Godda. Accordingly, the petitioner was issued a Letter of Intent vide letter No. 458/M dtd. 2/5/2015.

(3.) A counter affidavit has been filed by the State.