Patna High Court
M/S Roselife Vanijya Limited vs The State Of Bihar on 2 December, 2022
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16498 of 2022
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M/s Roselife Vanijya Limited a company incorporated under the provisions of
the Companies Act, 1956 having its registered office at Divyalok Complex,
East Boring Road, Patna-800001 (Bihar), through its proprietor, Aftab Ansari,
aged about 38 years, Gender-Male, son of Jalaluddin Ansari, resident of
Village-Bellaundi, Post-Bellaundi, Mohania, Kaimur, Bhabhua, Bihar-
821109.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Mines and Geology
Department, Government of Bihar, Vikash Bhawan, Bailey Road, Patna.
2. The Principal Secretary, Department of Mines and Geology, Government of
Bihar, Vikash Bhawan, Bailey Road, Patna.
3. The Special Secretary cum Director, Mines and Geology Department,
Government of Bihar, Vikash Bhawan, Bailey Road, Patna.
4. The Assistant Director, Department of Mines and Geology, Aurangabad,
Bihar.
5. The District Magistrate, Aurangabad.
6. The Mining Development Officer, District Mining Office, Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Jai Vardhan Narayan, Advocate
For the Respondent/s : Mr.Gyan Prakash Ojha (GA7)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
(The proceedings of the Court are being conducted by Hon'ble the Chief
Justice/Hon'ble Judges through Video Conferencing from their
residential offices/residences. Also the Advocates and the Staffs joined the
proceedings through Video Conferencing from their residences/offices.)
Date : 02-12-2022
Petitioner has prayed for the following relief(s):
"I. Issuance of directions orders or
Patna High Court CWJC No.16498 of 2022 dt.02-12-2022
2/4
writ in the nature of mandamus directing the
respondents to forthwith pay the interest in the
tune of 9% per annum for the delayed refund of
the security deposit which was paid by the
petitioner company for participating in the sand
mining of Aurangabad Ghat Cluster No-35 in
the year 2019 and altogether a sum of
Rs.46,02,000 was deposited in the name of
Mineral Development Officer, Mines &
Geology Department, Aurangabad and aforesaid
security deposit was refunded after lapse of
more than 2 years on 15.2.2022 and 21.04.2022
in utter violation of the terms and conditions and
upon the repeated request by the petitioner
company and as such the petitioner is entitled to
get interest on the aforesaid security deposit as
per the order dated 16.12.2021 passed by this
Hon'ble Court in CWJC No. 2787 of 2020
whereby and where under interest at rate of 9%
per annum had been ordered to be paid with the
effect from the day the security amount were
deposited till the date of payment specially
considering the fact that the Respondent Mines
Department has illegally and in an unjust
manner retained the aforesaid amount deposited
by the petitioner.
II. Any other relief or reliefs for
petitioner may be deemed entitled to."
It is submitted at the Bar that the judgment dated
16.12.2021passed in C.W.J.C. No. 2787 of 2020, titled as Patna High Court CWJC No.16498 of 2022 dt.02-12-2022 3/4 Amarnath Singh Vs. The State of Bihar & Ors., (Annexure-3, page-17) has attained finality and, as such, petition can be disposed of with direction to respondent No. 3, namely The Special Secretary-cum-Director, Mines and Geology Department, Government of Bihar, Patna to afford similar benefits to the petitioner as stands afforded to the petitioner in C.W.J.C. No. 2787 of 2020 (supra) for the petitioner is entitled to interest on the amount at the rate of 9% per annum.
While we dispose of the present petition, liberty reserved to the petitioner to approach respondent No. 3 venting out all grievances, including the ones agitated through communication dated Nil (Annexure-2, page-15).
Surely, the officer shall consider the applicability of the decision rendered in C.W.J.C. No. 2787 of 2020 (supra) and take a decision in accordance with law.
Needful be positively done within a period of three months from the date of production of a copy of the order.
We clarify that all issues of fact and law are left open to be considered by the said respondent.
Also, liberty reserved to agitate the grievances, should the need so arise.
Petition is disposed of in the aforesaid terms. Patna High Court CWJC No.16498 of 2022 dt.02-12-2022 4/4 Interlocutory Application(s), if any, shall stand disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/DKS AFR/NAFR CAV DATE Uploading Date 06.12.2022 Transmission Date