B.C.BASAK, CHAUDHARY S.N.MISHRA
Baijnath Singh – Appellant
Versus
State of Bihar – Respondent
B. C. Basak, C. J. and Chy. S. N. Mishra, J. - After hearing the learned Advocates for the different parties it appears that the question involved before us is simple. There are three parties before us. It seems that really the disputes are between two departments of the State Government.
2. The petitioner was given a licence for mining and stone equipments. Admittedly such licence had to be granted and renewal made by the Mining Department. The next admitted position is that it is the Mining Department which is entitled to take any action in respect of the licence. What has happend is that, the another department of the Government, namely, the Forest Department has taken certain steps for the seizure of certain articles of the petitioner solely on the ground that the renewal of the licence for t he year of the petitioner by the Mining Department was not lawfully done.
3. The Mining Department being the appropriate department for grant of such renewal, the question whether under the facts and circumstances of this case, and in view of the provisions of the relevant law, they should not have granted this renewal or not cannot be raised by some other Department. In our opinion, it
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