Patna High Court - Orders
Bscc And C Jv vs The State Of Bihar And Ors on 9 April, 2019
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8720 of 2015
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Bscc and C Jv
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kr. Singh Sr. Advocate.
Mr. Anil Kr. Singh, AOR 585
For the Mines : Mr. Naresh Dikshit, Spl. P.P. Mines
For the State : Mr. P.N.Shahi, AAG-10
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
12 09-04-2019Heard learned counsel for the petitioner, counsel for the Mines and State.
Counsel for the petitioner submits that he has already paid four installments as per Annexure-5 to the writ petition. He further submits that work has already been completed and since he does not require any crusher machine, he has made request with the Government to fix the demand on prorata basis. He further submits that Mines Commissioner without considering the aforesaid facts has passed revisional order. Therefore, the revisional order is fit to be set aside and the matter is required to be remanded back.
Counsel for the State submits that minimum amount was fixed at Rs.1,46,00,000/- in terms of Annexure-5 which was to be paid by the petitioner in seven installments. The petitioner Patna High Court CWJC No.8720 of 2015(12) dt.09-04-2019 2/2 has paid only five installments and is not making further payment.
Counsel for the petitioner is directed to file supplementary affidavit giving in detail all installments which have already been paid by him till date.
Counsel for the petitioner submits that he will file necessary affidavit within three weeks.
Counsel for the State will also seek instruction with regard to rejoinder filed by the petitioner and will file supplementary counter affidavit, if so required.
Put up this matter on 30.04.2019 within top ten cases as part heard matter.
(Sanjay Priya, J) S.Ali/-
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