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1995 Supreme(Pat) 344

S.N.JHA, SUDHANSU JYOTI MUKHOPADHAYA
Manoj Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: M/s Shreenath Singh, Ashok Kumar Jha, Ajay Kumar Jha & Dhirendra Nath Jha (in 445); Shiva Kirti Singh, Vijay Kirti Singh & Abhijit Kumar Lal (in 1106); Ram Balak Mahto, P. K. Shahi, Rajesh Kumar & Rajesh Pd. Choudhary (in 11382).
For the Respondents: M/s Ashok Kumar Singh & Rajendra Prasad (for Resp. 1 to 5 in 445), (for 11 Resp. 1 to 6 in 1106), (for Resp. in 11382); Shree Dev Mishra & Chandra Shekhar Singh (for Resp. 6 in 445); Ram Balak Mahto, P. K. Shahi, Rajesh Kumar & Abhimanyu Sharma (for Resp. 7 in 445 & 1106).
For Intervenor Respondents: M/s Shreenath Singh, Ashok Kumar Jha, Ajay Kumar Jha, Dhirendra Nath Jha, Shiva Kirti Singh, Vinay Kirtin Singh & Abhijit Kumar Lal.

JUDGMENT

S. N. Jha, J. - These writ petitions relate to dispute regarding grant of mining rights with respect to sand of river Sone in the districts of Rohtas, Bhojpur and Patna. In C.W.J.C. Nos. 445 and 1106 of 1995 the petitioners seek identical reliefs - for a mandamus to issue Parwana in token of the settlement of the Sand Ghats in question and for quashing the order of the Mines Commissioner dated January 13, 1995, C.W.J.C. No. 11382 of 1994 is the converse case. The Bihar State Mineral Development Corporation (hereinafter called 'the Corporation') and its Chairman in that case seek mandamus, to the respondents not to settle the Sand Ghats with the General public by auction and to settle the same in its favour as in the past. The petitioners of C.W.J.C. Nos. 445 and 1106 of 1995 will be hereinafter referred to as 'the petitioners'. The petitioners of C.W.J.C. No. 11382 of 1994 will be referred to as 'the Corporation'. As the dispute is one and the same, the cases have been heard together and are disposed of by this common judgment.

2. The representative facts giving rise to the dispute may be noticed first. On November 28, 1994 a high level meeting under the Chairmanship of the
























































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