Patna High Court - Orders
Geeta Enterprises vs The State Of Bihar on 9 May, 2023
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14311 of 2022
======================================================
Geeta Enterprises
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14615 of 2022
======================================================
Geeta Enterprises
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14680 of 2022
======================================================
Geeta Enterprises
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14717 of 2022
======================================================
Geeta Enterprises
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14731 of 2022
======================================================
Geeta Enterprises
... ... Petitioner/s
Versus
The State of Bihar
Patna High Court CWJC No.14311 of 2022(3) dt.09-05-2023
2/13
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14789 of 2022
======================================================
Geeta Enterprises
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14952 of 2022
======================================================
Geeta Enterprises
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 17225 of 2022
======================================================
Kunal Kumar
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 14311 of 2022)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the State : Mr. Gyan Prakash Ojha (GA 7)
For the Mines : M/s Naresh Dikshit, Spl.P.P. Mines
Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 14615 of 2022)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the State : Mr. Gyan Prakash Ojha (GA 7)
For the Mines : M/s Naresh Dikshit, Spl.P.P. Mines
Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 14680 of 2022)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the State : Mr. Gyan Prakash Ojha (GA 7)
For the Mines : M/s Naresh Dikshit, Spl.P.P. Mines
Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 14717 of 2022)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
Patna High Court CWJC No.14311 of 2022(3) dt.09-05-2023
3/13
For the State : Mr. Gyan Prakash Ojha (GA 7)
For the Mines : M/s Naresh Dikshit, Spl.P.P. Mines
Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 14731 of 2022)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the State : Mr. Gyan Prakash Ojha (GA 7)
For the Mines : M/s Naresh Dikshit, Spl.P.P. Mines
Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 14789 of 2022)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the State : Mr. Gyan Prakash Ojha (GA 7)
For the Mines : M/s Naresh Dikshit, Spl.P.P. Mines
Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 14952 of 2022)
For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate
For the State : Mr. Gyan Prakash Ojha (GA 7)
For the Mines : M/s Naresh Dikshit, Spl.P.P. Mines
Kalpana, Advocate
(In Civil Writ Jurisdiction Case No. 17225 of 2022)
For the Petitioner/s : Mr. Suraj Samdarshi, Advocate
For the State : Mr. Gyan Prakash Ojha (GA 7)
For the Mines : M/s Naresh Dikshit, Spl.P.P. Mines
Kalpana, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 09-05-2023I.A. no. 1 of 2023 in C.W.J.C. no. 14311 of 2022
1. The instant application has been filed by the petitioner praying to add the two prayers made in paragraph no. 1 of the interlocutory application as prayers in the main writ application. The two prayers which the petitioner seeks to add in the main writ application are quoted hereinbelow:-
"h) For issuance of a writ or order or direction upon the respondents for refund of sum of ₹ 30,66,050 recovered by the respondent Corporation from the petitioner in the name of penalty imposed under rule 56 of rules 2019 the light of the order of penalty dated 13.09.2022 issued vide memo number 1896 which has been deposited by the Patna High Court CWJC No.14311 of 2022(3) dt.09-05-2023 4/13 petitioner on 07.10.2022 on protest;
i) For holding and a declaration that the petitioner's case is squarely covered by a judgement of this honourable court delivered on 02.05.2023 in CWJC number 111 of 2023 (Harsh Construction Versus The State Of Bihar) and therefore the petitioner's case may also be disposed of in light of the same."
2. Having heard learned counsel for the parties, the prayer made in the interlocutory application is allowed. The prayers are directed to be added as prayers in the main writ application.
3. I.A. no. 1 of 2023 stands disposed of.
4. Registry to make necessary correction in the prayer portion of the main writ application in both the electronic as also the physical files.
5. Learned counsel for the Mines Department prays for filing further counter affidavit in view of the amendment in the prayer portion the main writ application.
I.A. no. 1 of 2023 in C.W.J.C. no. 14615 of 2022
6. The instant application has been filed by the petitioner praying to add the two prayers made in paragraph no. 1 of the interlocutory application as prayers in the main writ application. The two prayers which the petitioner seeks to add Patna High Court CWJC No.14311 of 2022(3) dt.09-05-2023 5/13 in the main writ application are quoted hereinbelow:-
"h) For issuance of a writ or order or direction upon the respondents for refund of sum of ₹ 22,71,050 recovered by the respondent Corporation from the petitioner in the name of penalty imposed under rule 56 of rules 2019 the light of the order of penalty dated 16.09.2022 issued vide memo number 1931 which has been deposited by the petitioner on 07.10.2022 on protest;
i) For holding and a declaration that the petitioner's case is squarely covered by a judgement of this honourable court delivered on 02.05.2023 in CWJC number 111 of 2023 (Harsh Construction Versus The State Of Bihar) and therefore the petitioner's case may also be disposed of in light of the same."
7. Having heard learned counsel for the parties, the prayer made in the interlocutory application is allowed. The prayers are directed to be added as prayers in the main writ application.
8. I.A. no. 1 of 2023 stands disposed of.
9. Registry to make necessary correction in the prayer portion of the main writ application in both the electronic as also the physical files.
10. Learned counsel for the Mines Department prays Patna High Court CWJC No.14311 of 2022(3) dt.09-05-2023 6/13 for filing further counter affidavit in view of the amendment in the prayer portion the main writ application.
I.A. no. 1 of 2023 in C.W.J.C. no. 14680 of 2022
11. The instant application has been filed by the petitioner praying to add the two prayers made in paragraph no. 1 of the interlocutory application as prayers in the main writ application. The two prayers which the petitioner seeks to add in the main writ application are quoted hereinbelow:-
"h) For issuance of a writ or order or direction upon the respondents for refund of sum of ₹ 1,155,400 recovered by the respondent Corporation from the petitioner in the name of penalty imposed under rule 56 of rules 2019 the light of the order of penalty dated 16.09.2022 issued vide memo number 1930 which has been deposited by the petitioner on 07.10.2022 on protest;
i) For holding and a declaration that the petitioner's case is squarely covered by a judgement of this honourable court delivered on 02.05.2023 in CWJC number 111 of 2023 (Harsh Construction Versus The State Of Bihar) and therefore the petitioner's case may also be disposed of in light of the same."
12. Having heard learned counsel for the parties, the prayer made in the interlocutory application is allowed. The Patna High Court CWJC No.14311 of 2022(3) dt.09-05-2023 7/13 prayers are directed to be added as prayers in the main writ application.
13. I.A. no. 1 of 2023 stands disposed of.
14. Registry to make necessary correction in the prayer portion of the main writ application in both the electronic as also the physical files.
15. Learned counsel for the Mines Department prays for filing further counter affidavit in view of the amendment in the prayer portion the main writ application.
I.A. no. 1 of 2023 in C.W.J.C. no. 14717 of 2022
16. The instant application has been filed by the petitioner praying to add the two prayers made in paragraph no. 1 of the interlocutory application as prayers in the main writ application. The two prayers which the petitioner seeks to add in the main writ application are quoted hereinbelow:-
"h) For issuance of a writ or order or direction upon the respondents for refund of sum of ₹ 39,34,646 being the security deposit of the petitioner with respect to cluster number 15 of river Falgu Gaya which was adjusted by the respondent Corporation against penalty imposed with respect to cluster number 15 of river Falgu Gaya and cluster number 35 of river Morhar Gaya under rule 56 of rules 2019 the light of the order of penalty dated 16.09.2022 issued vide memo number 1942;
Patna High Court CWJC No.14311 of 2022(3) dt.09-05-2023 8/13
i) For holding and a declaration that the petitioner's case is squarely covered by a judgement of this honourable court delivered on 02.05.2023 in CWJC number 111 of 2023 (Harsh Construction Versus The State Of Bihar) and therefore the petitioner's case may also be disposed of in light of the same."
17. Having heard learned counsel for the parties, the prayer made in the interlocutory application is allowed. The prayers are directed to be added as prayers in the main writ application.
18. I.A. no. 1 of 2023 stands disposed of.
19. Registry to make necessary correction in the prayer portion of the main writ application in both the electronic as also the physical files.
20. Learned counsel for the Mines Department prays for filing further counter affidavit in view of the amendment in the prayer portion the main writ application.
I.A. no. 1 of 2023 in C.W.J.C. no. 14731 of 2022
21. The instant application has been filed by the petitioner praying to add the two prayers made in paragraph no. 1 of the interlocutory application as prayers in the main writ application. The two prayers which the petitioner seeks to add in the main writ application are quoted hereinbelow:-
Patna High Court CWJC No.14311 of 2022(3) dt.09-05-2023 9/13 "h) For issuance of a writ or order or direction upon the respondents for refund of sum of ₹ 18,60,300 recovered by the respondent Corporation from the petitioner in the name of penalty imposed under rule 56 of rules 2019 the light of the order of penalty dated 16.09.2022 issued vide memo number 1932 which has been deposited by the petitioner on 07.10.2022 on protest;
i) For holding and a declaration that the petitioner's case is squarely covered by a judgement of this honourable court delivered on 02.05.2023 in CWJC number 111 of 2023 (Harsh Construction Versus The State Of Bihar) and therefore the petitioner's case may also be disposed of in light of the same."
22. Having heard learned counsel for the parties, the prayer made in the interlocutory application is allowed. The prayers are directed to be added as prayers in the main writ application.
23. I.A. no. 1 of 2023 stands disposed of.
24. Registry to make necessary correction in the prayer portion of the main writ application in both the electronic as also the physical files.
25. Learned counsel for the Mines Department prays for filing further counter affidavit in view of the amendment in Patna High Court CWJC No.14311 of 2022(3) dt.09-05-2023 10/13 the prayer portion the main writ application.
I.A. no. 1 of 2023 in C.W.J.C. no. 14789 of 2022
26. The instant application has been filed by the petitioner praying to add the two prayers made in paragraph no. 1 of the interlocutory application as prayers in the main writ application. The two prayers which the petitioner seeks to add in the main writ application are quoted hereinbelow:-
"h) For issuance of a writ or order or direction upon the respondents for refund of sum of ₹ 48,15,050 recovered by the respondent Corporation from the petitioner in the name of penalty imposed under rule 56 of rules 2019 the light of the order of penalty dated 16.09.2022 issued vide memo number 1933 which has been deposited by the petitioner on 07.10.2022 on protest;
i) For holding and a declaration that the petitioner's case is squarely covered by a judgement of this honourable court delivered on 02.05.2023 in CWJC number 111 of 2023 (Harsh Construction Versus The State Of Bihar) and therefore the petitioner's case may also be disposed of in light of the same."
27. Having heard learned counsel for the parties, the prayer made in the interlocutory application is allowed. The prayers are directed to be added as prayers in the main writ Patna High Court CWJC No.14311 of 2022(3) dt.09-05-2023 11/13 application.
28. I.A. no. 1 of 2023 stands disposed of.
29. Registry to make necessary correction in the prayer portion of the main writ application in both the electronic as also the physical files.
30. Learned counsel for the Mines Department prays for filing further counter affidavit in view of the amendment in the prayer portion the main writ application.
I.A. no. 1 of 2023 in C.W.J.C. no. 14952 of 2022
31. The instant application has been filed by the petitioner praying to add the two prayers made in paragraph no. 1 of the interlocutory application as prayers in the main writ application. The two prayers which the petitioner seeks to add in the main writ application are quoted hereinbelow:-
"h) For issuance of a writ or order or direction upon the respondents for refund of sum of ₹ 48,49,500 recovered by the respondent Corporation from the petitioner in the name of penalty imposed under rule 56 of rules 2019 the light of the order of penalty dated 16.09.2022 issued vide memo number 1950 by way of adjustment from the security deposit of the petitioner lying with the respondent Corporation with respect to cluster number 35 of the river Morhar and cluster number 15 of river Falgu;
Patna High Court CWJC No.14311 of 2022(3) dt.09-05-2023 12/13
i) For holding and a declaration that the petitioner's case is squarely covered by a judgement of this honourable court delivered on 02.05.2023 in CWJC number 111 of 2023 (Harsh Construction Versus The State Of Bihar) and therefore the petitioner's case may also be disposed of in light of the same."
32. Having heard learned counsel for the parties, the prayer made in the interlocutory application is allowed. The prayers are directed to be added as prayers in the main writ application.
33. I.A. no. 1 of 2023 stands disposed of.
34. Registry to make necessary correction in the prayer portion of the main writ application in both the electronic as also the physical files.
35. Learned counsel for the Mines Department prays for filing further counter affidavit in view of the amendment in the prayer portion the main writ application.
Re.. C.W.J.C. no. 14311 of 2022
36. It is submitted by learned counsel for the Mines Department that counter affidavit has already been filed. As the counter affidavit is not reflected on the website of the Patna High Court, learned counsel for the Mines Department to take steps in the matter.
Patna High Court CWJC No.14311 of 2022(3) dt.09-05-2023 13/13 Re. C.W.J.C. no. 14615 of 2022, 14680 of 2022, 14717 of 2022, 14731 of 2022, 14789 of 2022 and 14952 of 2022
37. Learned counsel for the respondent Mines Department submits that copies of the counter affidavits have been served on learned counsel for the petitioners and will be filed in course of the day.
38. In all the above writ applications, on account of the prayer made in the interlocutory applications having been allowed, further prayers have been added in the main writ applications. Thus, as prayed for on behalf of the Mines Department, further three weeks time is granted for filing counter affidavit / additional counter affidavit in all the cases.
39. Put up all cases on 20.6.2023.
(Partha Sarthy, J) Spd/-
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