Patna High Court - Orders
M/S. Broadson Commodities Pvt. Ltd. vs The State Of Bihar And Ors on 6 August, 2019
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16300 of 2016
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M/s. Bansidhar Construction Pvt. Ltd.
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 16544 of 2016
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M/s. Katyayni Contractors Pvt. Ltd.
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 16306 of 2016
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M/s. Broadson Commodities Pvt. Ltd.
... ... Petitioner/s
Versus
The State of Bihar and ors.
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 16300 of 2016)
For the Petitioner/s : Mr.Jai Kishor Poddar
For the Respondent/s : Mr.Sunil Kr.Mandal-Sc3
(In Civil Writ Jurisdiction Case No. 16544 of 2016)
For the Petitioner/s : Mr.Jai Kishor Poddar
For the Respondent/s : Mr.Sunil Kr. Mandal- Sc3
(In Civil Writ Jurisdiction Case No. 16306 of 2016)
For the Petitioner/s : Mr.Jai Kishor Poddar
For the Respondent/s : Mr.Kaushal Kr. Jha- Aag8
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
4 06-08-2019There is common question involved in these writ petitions. The petitioners have sought relief as mentioned in paragraph-1 of the respective writ petitions seeking direction to Patna High Court CWJC No.16300 of 2016(4) dt.06-08-2019 2/3 Respondent No. 6 not to charge the installment payable by the petitioners against Parwana granted in favour of the petitioners, as the petitioners have been restrained from mining and transporting sand for the months of July, August and September as per observation made by the State Environment Impact Assessment Authority.
Counter affidavit has been filed on behalf of the Respondent No. 3 in CWJC No. 16300 of 2016 and Respondent Nos. 5 and 6 in CWJC No. 16544 of 2016.
Counsel for the Mines Department has submitted in paragraph 10 of the counter affidavit that in these writ petitions common question of facts are involved relating to other districts which have already been challenged by the Mines Department in the Hon'ble Apex Court by filing SLP (Civil) No. 34543 of 2016 (State of Bihar and Ors. Vrs. Mis. Aditya Multicom Pvt. Ltd. And Anr.) The said SLP (Civil) is pending for hearing.
It is mentioned in the counter affidavit that Hon'ble Apex Court has ordered that until further orders, there shall be stay of the operation of the impugned order passed by the High Court. In the instant writ petitions, similar question of facts are involved.
Counsel for the Mines submits that these writ Patna High Court CWJC No.16300 of 2016(4) dt.06-08-2019 3/3 petitions may be listed after disposal of SLP (Civil) No. 34543 of 2016 pending before the Hon'ble Apex Court.
Counsel for the petitioners submits that he has no objection to the submission made by the counsel for the Department of Mines.
Let these writ petitions be listed after disposal of SLP (Civil) No. 34543 of 2016 pending before the Hon'ble Apex Court.
The counsel for the petitioners of these writ petitions are given liberty to mention before appropriate Bench for listing of case for hearing in the event he gets knowledge about disposal of aforesaid SLP.
(Sanjay Priya, J) S.Ali/-
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