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2015 Supreme(Pat) 303

JYOTI SARAN
Md. Masiha – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Farooq Ahmad Khan.
For the Respondent-State: Mr. Devendra Kumar Sinha, Mr. Alok Kr. Rahi.
For the Mines Department: Mr. Rajendra Prasad.

JUDGMENT

JYOTI SARAN, J.

1. Heard Mr. Farooq Ahmad Khan, learned counsel appearing on behalf of the petitioner, Mr. Devendra Kumar Sinha, learned Additional Advocate General No. 2 representing the Mining Department.

2. The petitioner is aggrieved by the order dated 30.12.2014 issued under the signature of Joint Secretary-cum-Director, Mines and Geology Department, Government of Bihar, a copy of which is placed at Annexure-1 to the writ petition whereby while responding to the recommendation dated 26.11.2014 of the District Magistrate-cum-Collector, Madhubani for settlement of Balughat at Madhubani with the petitioner, a direction has been issued to hold a fresh auction in the interest of Government revenue.

3. It is the argument of Mr. Khan, learned counsel appearing for the petitioner that it is after three round of exercise undertaken by the respondent-Department that finally the technical bid of the petitioner was found to be the most appropriate and since it was above the reserve Jama hence the Collector, Madhubani while discussing the matter in detail, has recommended for settlement in his favour vide letter dated 26.11.2014 (Annexure-10) and with a reminder on 27.12.2014 plac













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