Patna High Court - Orders
Abdul Salam vs The State Of Bihar on 20 July, 2023
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6544 of 2023
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Abdul Salam S/o Shri Abdul Sattar, resident of Ward No. 30, Nimarang, P.S.
Jamui, Distt. Jamui, Bihar 811307.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Mines and Geology
Department, Government of Bihar, Vikas Bhawan, Bailey Road, P.S.
Sachiwalaya, Patna, Bihar 800015.
2. The Bihar State Mining Corporation Ltd. through its General Manager,
Vikas Bhawan Bailey Road, P.S. Sachiwalaya, Patna, Bihar - 800015.
3. The Authorized Officer, Bihar State Mining Corporation Ltd, Vikas Bhawan,
Bailey Road, PS - Sachiwalaya, Patna, Bihar 800015.
4. The Administrative Officer, Bihar State Mining Corporation Ltd, Vikas
Bhawan, Bailey Road, P.S. Sachiwalaya, Patna, Bihar 800015.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Deepak Kumar
For the Respondent/s : Mr.Gyan Prakash Ojha (Ga7)
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-07-2023Heard the parties.
2. The prayer in the writ petition is/are as follows:-
(i) for issuance of an appropriate writ or order or direction in the nature of certiorari for quashing letter no.
BSMC-451 dated 21.03.2023 (Annexure- 4) vide which Respondent No. 2 has imposed penalty of Rs. 1,00,89,250/- (Rupees One Crore Eighty Nine Thousand Two Hundred and Fifty Only) on the Petitioner for illegal mining and illegal transportation of sand outside the environmentally approved area.
Patna High Court CWJC No.6544 of 2023(3) dt.20-07-2023 2/4
(ii) for further issuance of a writ or order or direction restraining the Respondents from taking any coercive action against the petitioner in terms of the demand notice dated 21.03.2023 whereby Petitioner has been directed to pay the penalty of Rs. 1,00,89,250/- (Rupees One Crore Eighty Nine Thousand Two Hundred and Fifty Only) to be paid within 24 hours.
3. Both the learned counsel for the petitioner as also learned Special PP Mines jointly submitted that this case is also covered by order of co-ordinate Bench of this Court in the case of M/s Uma Associates Vs The State of Bihar & Others passed in CWJC No. 3400 of 2023 and the relevant paragraphs no. 7 to 9 which are incorporated herein below:-
7. "Having heard learned counsel for the parties, the Court is not going into all the points which has been raised on behalf of the petitioner except the specific statement that no notice was issued to the petitioner prior to passing of the order of penalty, impugned herein. On perusal of the order contained in Letter no.514 dated 24.2.2023, it transpires that the same mentions about some inspection having been carried out by a Committee constituted in the Department on 12.3.2023 and 13.2.2023 and on the basis Patna High Court CWJC No.6544 of 2023(3) dt.20-07-2023 3/4 of the report submitted by the Committee, the order of penalty impugned herein has been passed holding the petitioner to be liable to pay penalty of Rs.2,37,95,800/- with a further direction that the same should be paid within a period of 3 days.
8. On perusal of the said order, the Court does not find that either the inspection by the so called departmental team was carried out in presence of the petitioner, whether the copy of the inspection report was provided to the petitioner or that proper opportunity to show-cause was issued to the petitioner prior to passing the order of penalty. In view of these facts, in the opinion of the Court the order of penalty dated 24.2.2023 issued under the signature of the Mineral Development Officer, Rohtas, Sasaram, is not sustainable and is hereby quashed, with liberty to the respondents that if so advised, they will be at liberty to proceed afresh in accordance with law.
9. The writ application stands allowed with the above observations"
4. In the aforesaid background the letter no. 451 dated 21.03.2023 (Annexure-4) issued by the General Manager, Mineral Development Officer, Nawada stands quashed with Patna High Court CWJC No.6544 of 2023(3) dt.20-07-2023 4/4 liberty to the respondent-authorities to act in accordance with law after putting the petitioner on notice.
5. Accordingly, the writ application stands disposed of.
(Rajiv Roy, J) Jagdish/Jyoti/-
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