Patna High Court
Jai Shiv Shakti Enterprises vs The State Of Bihar on 24 August, 2023
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9772 of 2023
======================================================
Jai Shiv Shakti Enterprises, a proprietorship firm having its place of
Rajasthan through its proprietor Budh Ram Sharma male aged about 36 years
son of Kana Ram resident of village- Khoda, Ward No.- 06, Tehsil - Rawatsar,
District Hanumangarh, Rajasthan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Mines and Geology, Government of Bihar, Patna.
2. The Bihar State Mining Corporation Limited, Patna through its Managing
Director.
3. The Managing Director, Bihar State Mining Corporation Limited, Patna.
4. The General Manager, Bihar State Mining Corporation Limited, Patna.
5. The Chief Executive Officer, Bihar State Mining Corporation Limited,
Patna.
6. The District Collector, Kishanganj.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 1809 of 2023
======================================================
Ashok Kumar, Son of Late Krishna Prasad, Resident of Village- Pathra
English, P.S.- Muffasil, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary-cum-Principal
Secretary, Mines and Geological Department, Govt. of Bihar,
2. The Additional Chief Secretary-cum-Principal Secretary, Mines and
Geological Department, Govt. of Bihar, Patna.
3. The Director, Mines and Geological Department, Govt. of Bihar, Patna.
4. Bihar State Mining Corporation Ltd. through its Managing Director, Room
No. 164, Vikash Bhawan (New Secretariat), Bailey Road, Patna-800015.
5. The Chief Executive Officer, Bihar State Mining Corporation Ltd. Room
No. 164, Vikash Bhawan (New Secretariat), Bailey Road, Patna-800015.
6. The Administrative Officer, Bihar State Mining Corporation Ltd. Room No.
164, Vikash Bhawan (New Secretariat), Bailey Road, Patna-800015.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 8137 of 2023
======================================================
Patna High Court CWJC No.9772 of 2023 dt.24-08-2023
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Mor Mukat Marketing Private Limited, a Company incorporated under the
Companies Act, having its Office at Plot No. 388/389, Near Biscuit Factory
More, Nasriganj, Digha, Danapur, Patna through its Chief Executive Officer,
Ranvijay Kumar Singh, aged about 33 Year (Male), Son of Mahendra Prasad
Singh, resident of Kharannja Road, Near Saguna More, New Mainpura, P.S.
Rupaspur, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Mines and geology
Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
2. The principal Secretary Cum Mines Commissioner, Mines and Geology
Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
3. The Director, Mines and Geology Department, Government of Bihar, Vikas
Bhawan, Bailey Road, Patna.
4. The Collector Cum District Magistrate, Patna.
5. The District Mining Officer, Patna.
6. The Bihar State Mining Corporation Limited, through its, Chief Executive
officer, Room No. 164, Vikas Bhawan, (New Secretariat), Bailey Road,
Patna 800015.
7. The Administrative Officer, Bihar State Mining Corporation Limited, Room
No. 164, Vikas Bhawan, (New Secretariat), Bailey Road, Patna 800015.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9768 of 2023
======================================================
Bindhyavasini Commercial Services Pvt Ltd, a company incorporated under
the Companies Act, having its offices at Hetibandh, Jharia, Kali Mandir,
Dhanbad, Jharkhand, through its authorised signatory Prabudha Kumar Singh,
aged about 53 years (male), son, of Ram Ballabh Prasad Singh, resident of
Near Suraksha Clinic, Hetibandh, Jharia, Kali Mandir, P.S. Jhariya, Dhanbad,
Jharkhand.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Mines and Geology
Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
2. The Principal Secretary cum Mines Commissioner, Mines and Geology
Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
3. The Director, Mines and Geology Department, Government of Bihar, Vikas
Bhawan, Bailey Road, Patna.
4. The Collector cum District Magistrate, Bhojpur.
5. The District Mining Officer, Bhojpur.
6. The Bihar State Mining Corporation Limited Through its, Chief Executive
Officer, Room No. 164, Vikas Bhawan, (New Secretariat), Bailey Road,
Patna High Court CWJC No.9772 of 2023 dt.24-08-2023
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Patna 800015.
7. The Administrative Officer, Bihar State Mining Corporation Limited, Room
No. 164, Vikas Bhawan, (New Secretariat), Bailey Road, Patna 800015.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10183 of 2023
======================================================
M and T Enterprises a proprietary concern having its place of business at
Belwa, Kishanganj through its proprietor namely Tanweer Alam male aged
about 44 years son of Wahid Alam, resident of Village and P.O.- Belwa,
Belwa Kashipur, Kishangnaj, Bihar- 855107.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Mines and Geology, Government of Bihar, Patna.
2. The Bihar State Mining Corporation Limited, Patna through its Managing
Director.
3. The Managing Director, Bihar State Mining Corporation Limited, Patna.
4. The General Manager, Bihar State Mining Corporation Limited, Patna.
5. The Chief Executive Officer, Bihar State Mining Corporation Limited,
Patna.
6. The District Collector, Kishanganj. (Cluster number 14)
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10193 of 2023
======================================================
Jai Shiv Shakti Enterprises, a proprietorship firm having its place of business
at village- Khoda, Tehsil- Rawatsar, district- Hanumangarh, Rajasthan
through its proprietor Budh Ram Sharma male aged about 36 years son of
Kana Ram resident of village- Khoda, Waed No. 06, Tehsil- Rawatsar,
district- Hanumangarh, Rajasthan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Mines and Geology, Government of Bihar, Patna.
2. The Bihar State Mining Corporation Limited, Patna through its Managing
Director.
3. The Managing Director, Bihar State Mining Corporation Limited, Patna.
4. The General Manager, Bihar State Mining Corporation Limited, Patna.
5. The Chief Executive Officer, Bihar State Mining Corporation Limited,
Patna.
Patna High Court CWJC No.9772 of 2023 dt.24-08-2023
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6. The District Collector, Kishanganj, (Cluster number 03).
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 10235 of 2023
======================================================
Md. Saifuddin, Son of Piyar Mohammad, resident of Ward No.- 2, P.O.
Belwa, Amaljhari, Kishanganj, Bihar - 855107.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Mines and Geology, Government of Bihar, Patna.
2. The Bihar State Mining Corporation Limited, Patna through its Managing
Director.
3. The Managing Director, Bihar State Mining Corporation Limited, Patna.
4. The General Manager, Bihar State Mining Corporation Limited, Patna.
5. The Chief Executive Officer, Bihar State Mining Corporation Limited,
Patna.
6. The District Collector, Kishanganj. (Cluster number 07)
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10240 of 2023
======================================================
Rabbani and Co a proprietary concern having its place of business at
Haldagaon, P.O.- Raipur, Pothia, Distirct- Kishanganj through its proprietor
namely Md. Shamim Rabbani, male, aged about 54 years, son of Abdus
Sammad resident of Haldagaon, Kishunganj, Bihar-855107.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Miens and Geology, Government of Bihar, Patna.
2. The Bihar State Mining Corporation Limited Patna through its Managing
Director.
3. The Managing Director, Bihar State Mining Corporation Limited, Patna.
4. The General Manager, Bihar State Mining Corporation Limited, Patna.
5. The Chief Executive Officer, Bihar State Mining Corporation Limited,
Patna.
6. The District Collector, Kishanganj (Cluster Number 05).
... ... Respondent/s
======================================================
with
Patna High Court CWJC No.9772 of 2023 dt.24-08-2023
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Civil Writ Jurisdiction Case No. 10353 of 2023
======================================================
Md. Haider Reyazi, Son of Reyaz Ahmad, Resident of Bangawan, Lohagara
Hat, Kishanganj.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Mines and Geology, Government of Bihar, Patna.
2. The Bihar State Mining Corporation Limited, Patna through its Managing
Director.
3. The Managing Director, Bihar State Mining Corporation Limited, Patna.
4. The General Manager, Bihar State Mining Corporation Limited, Patna.
5. The Chief Executive Officer, Bihar State Mining Corporation Limited,
Patna.
6. The District Collector, Kishanganj (Cluster number 2).
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10722 of 2023
======================================================
Jai Shiv Shakti Enterprises, a proprietorship firm having its place of business
at village- Khoda, Tehsil- Rawatsar, District- Hanumangarh, Rajasthan
through its proprietor Budh Ram Sharma male aged about 36 years son of
Kana Ram resident of village- Khoda, Ward No. - 06, Tehsil- Rawatsar,
District- Hanumangarh, Rajasthan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Mines and Geology, Government of Bihar, Patna.
2. The Bihar State Mining Corporation Limited, Patna through its Managing
Director.
3. The Managing Director, Bihar State Mining Corporation Limited, Patna.
4. The General Manager, Bihar State Mining Corporation Limited, Patna.
5. The Chief Executive Officer, Bihar State Mining Corporation Limited,
Patna.
6. The District Collector, Jamui. (Cluster number 35).
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10912 of 2023
======================================================
Shri Ramdev Construction Company, a proprietary concern having its place
of business at Ward number- 11, Rampura Matoria, P.S.- Rawatsar,
Patna High Court CWJC No.9772 of 2023 dt.24-08-2023
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Hanumangarh, Rajasthan through its proprietor namely Man Ram @ Mani
Ram Sharma, male aged about 41 years son of Bhagirath resident of Ward
number- 11 Rampura Matoria, P.S.- Rawatsar, Hanumangarh, Rajasthan.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Department of
Mines and Geology, Government of Bihar, Patna.
2. The Bihar State Mining Corporation Limited, Patna through its Managing
Director.
3. The Managing Director, Bihar State Mining Corporation Limited, Patna.
4. The General Manager, Bihar State Mining Corporation Limited, Patna.
5. The Chief Executive Officer, Bihar State Mining Corporation Limited,
Patna.
6. The District Collector, Kishunganj. (Cluster number 21).
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 9772 of 2023)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
For the Mines : Mr. Naresh Dikshit, Advocate
Mrs. Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 1809 of 2023)
For the Petitioner/s : Mr. Sudhir Kumar Singh, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
For the Mines : Mr. Naresh Dikshit, Advocate
Mrs. Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 8137 of 2023)
For the Petitioner/s : Mr. Suraj Samdarshi, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
For the Mines : Mr. Naresh Dikshit, Advocate
Mrs. Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 9768 of 2023)
For the Petitioner/s : Mr. Suraj Samdarshi, Advocate
Mr. Avinash Shekhar, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
For the Mines : Mr. Naresh Dikshit, Advocate
Mrs. Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 10183 of 2023)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
For the Mines : Mr. Naresh Dikshit, Advocate
Mrs. Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 10193 of 2023)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
For the Mines : Mr. Naresh Dikshit, Advocate
Mrs. Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 10235 of 2023)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
Patna High Court CWJC No.9772 of 2023 dt.24-08-2023
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For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
For the Mines : Mr. Naresh Dikshit, Advocate
Mrs. Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 10240 of 2023)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
For the Mines : Mr. Naresh Dikshit, Advocate
Mrs. Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 10353 of 2023)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
For the Mines : Mr. Naresh Dikshit, Advocate
Mrs. Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 10722 of 2023)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
For the Mines : Mr. Naresh Dikshit, Advocate
Mrs. Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 10912 of 2023)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the Respondent/s : Mr. Gyan Prakash Ojha, GA-7
For the Mines : Mr. Naresh Dikshit, Advocate
Mrs. Kalpana, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 24-08-2023
Heard Mr. Gautam Kumar Kejriwal, learned
counsel for the petitioners in all the batch cases and Mr. Suraj
Samdarshi, learned counsel for the petitioners in C.W.J.C. No.
8137 of 2023 and C.W.J.C. No. 9768 of 2023. Mr. Naresh
Dikshit, learned Special P.P. for the Mines, duly assisted by the
Mrs. Kalpana, appears in all the cases.
2. Since in each of these cases, the issue involved
and the relief prayed by the petitioners is identical, hence the
same has been taken up together for analogous hearing and
disposal with the consent of all the parties.
3. The petitioners, who have been engaged as
Patna High Court CWJC No.9772 of 2023 dt.24-08-2023
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contractor to carry out Mining activities on behalf of the Bihar
State Mining Corporation Limited (hereinafter referred to as
'the Corporation') wherein the Corporation is a concessionaire/
lease holder as defined under Rule 2(XVII) of the Bihar
Minerals (Concession, Prevention of Illegal Mining,
Transportation and Storage) Rules, 2019 (hereinafter referred to
as 'the Rules, 2019 being aggrieved by the order(s) issued by
the Chief Executive Officer, Bihar State Mining Corporation
Limited, Patna approached before this Court seeking quashing
of the order whereby the petitioners have been saddled with
penalties under Rule 56 of the Rules, 2019 along with a
direction debarring the petitioners from participating in the
auction process for sand ghats in the State of Bihar till such
payment is made. The writ petitioners also prayed for a direction
upon the Corporation to refund the whole of the security deposit
made by the petitioners in course of completion of formalities
while executing the agreement, which has been adjusted against
the aforesaid penalty and also for refund of the remaining
amount recovered from the petitioners in the name of aforesaid
penalty.
4. The petitioners having been declared successful
bidder, awarded the contract for operation of different sand
Patna High Court CWJC No.9772 of 2023 dt.24-08-2023
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ghats till 31.03.2022 or till further orders of the Hon'ble
Supreme Court in the case of State of Bihar and Ors. Vs. Pawan
Kumar and Others (Civil Appeal Nos. 3661-3662 of 2020).
5. After having completed all the paraphernalia,
including the payment of auction amount in installment,
execution of agreement and its registration of payment of stamp
duty, payment of Income tax etc. with an undertaking to strictly
observe the terms and conditions of approved Mining plan and
environmental clearance, the respondent Corporation issued
work order(s) in favour of the petitioners in connection with the
contract awarded for mining operations. The engagement of the
petitioners as contractors was to carry out mining operations in
terms of the provisions of Mines and Minerals (Development
and Regulation) Act, 1957 (hereinafter referred to as 'the Act,
1957'), the Corporation had engaged the petitioners to extract
minerals from the sand ghat identified by the corporation and to
sell/supply the same to the purchasers/customers. The quantity
of sand exist in the sand ghat was already assessed by the
respondent Corporation and the minimum reserve price of such
stock of sand was indicated in the auction notice. The auction
amount was the actual cost of minerals already recovered by the
Corporation from the petitioners. As per the relevant terms of
Patna High Court CWJC No.9772 of 2023 dt.24-08-2023
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the tender notice, especially Clause 24 thereof it prescribes that
every vehicle (including boat) engaged in transportation of sand
shall have to be registered with the respondent Department of
Mines and Geology. All such vehicles, which are registered with
the Department would have to install GPS (which can be
communicated with the monitoring system of the Department)
so that its movement can be monitored by the department.
Further Clause 31(i) deals with obligation to the contractor to
issue E Challan to the driver of the vehicle for transportation of
sand.
6. Thus, the role and obligation of the petitioners
were confined to the sale of sand to a purchaser, who would be
allowed to collect such sand from the petitioners' sandghats in a
vehicle, which is registered with the Department of Mines and
Geology. In case, such vehicle would not be registered with the
Department, no challan would be generated by the portal of the
department and vice versa would hold true that a challan
generated by the portal of the Department implies that such
vehicle had appropriate registration with the department
entitling it to transport sand from one place to other.
7. It is the case of the petitioners that all on a
sudden they received show-cause notices wherein the
Patna High Court CWJC No.9772 of 2023 dt.24-08-2023
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respondent Corporation alleged the petitioners of having issued
E-challan in favour of unrealistic vehicles for transportation of
sand. By the aforesaid show-cause notice, the petitioners have
been shown liable for penalty in terms of Rule 56 of Rules
2019. The petitioners submitted a detailed reply in response to
the said show-cause notice, vehemently opposing the proposed
penalty, that the terms of Rule 56 of Rules 2019 is not at all
applicable in the case of the petitioners, who happens to be a
valid licensee in terms of the agreement executed by the
respondent Corporation. Pursuant to the reply submitted by the
petitioners, the respondents has passed the impugned order(s)
whereby the liability of penalty to the tune of alleged excess of
transportation of sand has been imposed in exercise of powers
under Rule 56 of the Rules, 2019 on the ground of each challan
having been incorrectly/wrongly issued by the petitioners to the
unrealistic vehicles and also debarred the petitioners from
participating in tenders of sand ghat in the State of Bihar till
such time, the payment is made.
8. It is the case of the petitioners that the impugned
orders issued by the respondent Chief Executive Officer of the
Corporation imposing penalty under Rule 56 of the Rules, 2019
as against the petitioners is wholly without jurisdiction and
Patna High Court CWJC No.9772 of 2023 dt.24-08-2023
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unsustainable in the eyes of law on the grounds enumerated in
their respective petitions. Some of the relevant grounds, inter
alia, are that the respondent Corporation and its authority had no
jurisdiction to impose penalty under Rule 56 of the Rules, 2019
for an offence allegedly committed in terms of Section 192 of
the Motor Vehicles Act, 1988. That apart, the authority had no
jurisdiction in terms of the Rule 56 of the Rules, 2019. The
petitioners in their respective writ petitions have raised various
other grounds, including the grounds quoted hereinbelow:
"(c) No jurisdiction in terms of
rule 56 of rules 2019 to initiate any
proceeding as against the petitioner as the
petitioner is a contractor with valid license
to carry out mining activities in terms of
agreement with the Corporation. Besides,
the petitioner is not a transporter engaged
in transportation of sand nor has caused
such transportation of sand.
Rule 56 of the rules 2019 is in
two parts- one is that which applies to a
case of persons carrying out mining
activities and another to persons engaged in
transportation of minerals. Petitioner herein
is a mining contractor and not at all a
transporter. As such it is the said part of rule
56 dealing with engagement of a person in
mining operations which would apply and
not that which applies to the case of
Patna High Court CWJC No.9772 of 2023 dt.24-08-2023
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transporter.
(d) The petitioner is simply a
contractor engaged by the Corporation to
carry out mining operations which includes
excavation and extraction of sand from the
sandghats wherein the last activity to be
performed is sale of sand from the
sandghats. The petitioner is not concerned
at all with the mode and mean of
transportation of such sand from the point of
sale. The petitioner is simply a seller of sand
from the sandghats awarded under
contract."
9. While concluding the arguments, as discussed
hereinabove, it is submitted that in similar circumstance, the
learned coordinate Bench of this Court while adjudicating the
identical issue vide order dated 02.05.2023 passed in C.W.J.C.
No. 111 of 2023 (M/S Harsh Construction Vs. The State of
Bihar and Others) has put a quietus to the issue/claim and held
as follows:
"21. On the other hand Rule 56
of the Rules deals with penalty for
unauthorized extraction and removal of
minor minerals. Rule 56(1) of the Rules as
quoted herein above is quite clear when it
provides that whoever is found to be
extracting or removing minor minerals or on
whose behalf such extraction or removal is
being made, otherwise than in accordance of
Patna High Court CWJC No.9772 of 2023 dt.24-08-2023
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these Rules, he would be liable for
punishment,as provided under the said
provision. Thus, in the opinion of this Court,
the very heading of Rule 56 which talks
about penalty for unauthorized extraction
and removal of minor minerals, contemplates
that the same is with respect to persons not
having a valid license/agreement for
extraction of minor minerals. In case, the
person is having a valid license, the
permission for extraction already being
there, in case there is any breach, the
provision of Rule 30 which deals with
penalty in case of breach of terms would
come into play.
22. So far as the facts of the
instant case is concerned, there is no dispute
that pursuant to the petitioner being the
highest bidder for the mine in question, work
order dated 8.12.2021 (Annexure-1) was
issued in his favour and subsequently an
agreement was also entered into on
29.3.2022(Annexure-2) between the BSMCL and the petitioner. Thus in the opinion of the Court the case of the petitioner would not come under Rule 56 of the Rules and the order impugned is not sustainable on this ground alone. 23. It may further be stated here that so far as the ground of incorrect e- challans being issued is concerned, it was submitted by learned senior counsel appearing for the petitioner that the Patna High Court CWJC No.9772 of 2023 dt.24-08-2023 15/16 petitioner was required to fill up Form-G and on the same being accepted that the mineral transit pass / e-challans is generated by the Department of Mines and Geology, Government of Bihar. Besides the details mentioned in Form-G, at Sl. no. 16 thereof the vehicle number is required to be given. Learned senior counsel submitted that it is the categorical case of the petitioner that in absence of the registration number of the vehicle being available, with respect to the vehicle the petitioner supplied the chassis number of the vehicle and the respondents issued the e-challans for transportation of the mined sand."
10. Needless to observe that in the aforenoted case Mr. Naresh Dikshit, learned Special P.P. for the Mines Department was also representing the case of the respondents and today also he has fairly submitted that the issue involved in the batch of these writ applications has been elaborately answered by the learned co-ordinate Bench in the case of M/S Harsh Construction (supra).
11. Taking note of the aforesaid facts, this Court also feels it apt and proper to dispose of the batch of these writ petitions in terms of the order passed by the learned Coordinate Bench of this Court in the case of M/S Harsh Construction (supra) and accordingly in consequence thereof the order(s) Patna High Court CWJC No.9772 of 2023 dt.24-08-2023 16/16 under challenge passed by the concerned respondent authority in all the writ petitions are hereby quashed and cancelled. The Chief Executive Officer, Bihar State Mining Corporation Limited, Patna is directed to refund the respective security of all the petitioners within a period of three months from the date of receipt/production of a copy of this order. Further, in case, those petitioners, who were forced to make additional payment of fine besides the security deposits, shall also be entitled for refund from the respondents.
12. All the writ petitions stand disposed of.
(Harish Kumar, J) uday/-
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