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2019 Supreme(Pat) 634

SANJAY PRIYA
Md. Masiha – Appellant
Versus
State of Bihar through the Principal Secretary-cum-Commissioner, Department of Mines and Geology – Respondent


Advocates Appeared:
For the Petitioner: Mr. Madhu Prasun
For the Respondent: Mr. Prashant Pratap, Naresh Dikshit

JUDGMENT :

Sanjay Priya, J.

This writ application has been filed for issuance of writ/writs, order/orders, direction/directions commanding the Respondents to exempt the Petitioner from paying settlement amount for mining for the period of 4 months 20 days i.e. from 10.02.2016 to 30.06.2016 for which period the Petitioner was unable/restrained to do the mining work without any fault of his own and only due to restriction on mining work throughout the State of Bihar by the Govt. of Bihar in compliance of order of the Hon'ble Green Tribunal, Eastern Zone Bench, Finance Centre, Kolkata, passed in the matter of Aman Kumar Singh Vs. The State of Bihar.

2. It has been submitted on behalf of the Petitioner that he participated in the tender for settlement of entire Balughat from 01.01.2015 to 31.12.2019 in the district of Madhubani, which was settled with him. Accordingly, the Petitioner was issued work order against the aforesaid settlement vide Letter No.54-M dated 10.03.2015 of the Collector, Madhubani, and Mining Officer, Madhubani, on the settlement amount of Rs.78,70,000/- for the year 2015. It was mentioned in the work order that settlement amount for the second and every consecutive y

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