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2022 Supreme(Pat) 99

IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
M/s Aditya Multicom Private Limited – Petitioner
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case Nos. 11054, 12178 of 2021
Decided On : 09-03-2022

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Suraj Samdarshi.
For the Respondents: Mr. Gyan Prakash Ozha, Mr. Naresh Dixit.

Headnote:

Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 – Rules 39, 47, 50 and 77 – Rule 39 does not provide for issuance of any show cause prior to cancellation of K-Licence in cases of commission of irregularities and illegalities by holder of K-License as also in case of violation of conditions mentioned in memo by which licence of petitioner had been renewed – Petitions seeking removal of restriction from generating e-challan on portal and to allow petitioner to sell sand from stock-hold areas for which petitioner has K-License – On several occasions, stock of sand in stock hold area of petitioner, both in district of Rohtas and Aurangabad has been found to be much more than 30 thousand Cft. – As such, case of petitioner that K-License issued to petitioner has got no relation with mineral concession/ settlement of sand Ghats in question is belied – This in itself is a valid and sufficient ground for cancellation of K-Licenses of petitioner – Besides, K-licenses issued to petitioner is linked with settlement of sand Ghats made in favour of petitioner and once petitioner has surrendered settlement of sand Ghats, it is precluded from using K-License to sell sand in question – Stock lying in stock hold area of petitioner has not suffered incidence of royalty, especially since petitioner has failed to pay outstanding royalty/settlement amount and now petitioner cannot contend that it would still be entitled to sell sand from stock hold area without paying outstanding royalty/ settlement amount – It was also found during course of inspections that petitioner had fraudulently removed/ sold sand stock worth several Crores of rupees from its stock hold area and FIRs have also been lodged against petitioner – Conditions mentioned in letter/Order by which K-licenses of petitioner were renewed have definitely been violated, apart from violation of Rule 39 (3) of Rules 2019 – Orders cancelling K-licenses of petitioner uphedl – Writ Petitions dismissed. (Paras 28 to 30)

(2012) 4 SCC 629 – Referred.

JUDGMENT :

MOHIT KUMAR SHAH, J.

1. Regard being had to the commonality of the controversy in both the aforesaid writ petitions, it was thought apposite to hear them analogously and accordingly, they were heard together with the consent of the parties and are being disposed of by the present singular order.

2. The first writ petition i.e. C.W.J.C. No. 11054 of 2021 had originally been filed for directing the respondents to remove the restriction from generating e-challan on the portal http://portal.biharmines.in/forthwith and to allow the petitioner to sell sand from the stock-hold areas in the District of Rohtas, for which the petitioner has obtained K-License under Rule 39(1) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019 (hereinafter referred to as the ‘Rules 2019’).

3. As far as the second writ petition i.e. C.W.J.C. No. 12178 of 2021 is concerned, the same had originally been filed for directing the respondents to remove the restriction from generating e-challan on the portal http://portal.biharmines.in/forthwith and to allow the petitioner to sell sand from the stock-hold areas in the District of Aurangabad, for which the petitioner has obtained K-License under Rule 39(1) of the Rules, 2019.

4. During the pendency of the aforesaid two writ petitions, some developments have taken place leading to filing of number of Interlocutory applications in both the cases. The petitioner, in the first case, has filed one such interlocutory application bearing I.A. No. 4 of 2021, wherein additional relief has been sought for inasmuch as now the petitioner seeks quashing of Memo No. 262 dated 07.07.2021 issued by the In-charge Deputy Director, Mines and Geology, Patna Circle, Patna, whereby and where under 17 K-licenses issued to the petitioner in the district of Rohtas have been cancelled. As far as the second case is concerned, one such interlocutory application bearing I.A. No. 2 of 2021 has also been filed wherein an additional relief has been sought i.e. regarding quashing of Memo No. 193 dated 17.8.2021, issued by the In-charge Deputy Director, Mines and Geology, Magadh Circle, Gaya, whereby and where under 11 K-licenses issued to the petitioner in the district of Aurangabad have been cancelled. Since the learned counsels for the Respondents have not opposed the said interlocutory applications, both the interlocutory applications i.e. the one bearing I.A. No. 4 of 2021 (in the first case) and the other bearing I.A. No. 2 of 2021 (in the second case) are allowed. It may stated that the counter affidavits filed by the respondents also deal with the issue of cancellation of the K-licenses of the petitioner, hence no additional counter affidavit is required to be filed as has also been averred by the learned counsel for the respondents.

5. Apparently, the facts of both the cases are more or less similar and the only difference is that while in the first case i.e. C.W.J.C. No. 11054 of 2021, the respondents had settled the sand Ghats situated in the District of Rohtas in favor of the petitioner by executing an agreement dated 21.04.2015 for a period of five years i.e. from 2015 to 2019 for the purposes of extracting and removing sand as per the provisions contained in the Bihar Minor Mineral Concession Rules, 1972 and those contained in Government Notification no. 277 dated 22.07.2014 as also as per the concerned Government orders and notifications, whereas in the second case i.e. CWJC No. 12178 of 2021 the sand Ghat situated in the District of Aurangabad was settled in favor of the petitioner vide agreement dated 24.07.2015 for a period of five years i.e. from 2015 to 2019. Thus this Court would be delving on the facts of the first case.

6. The brief facts of the case, according to the petitioner of the aforesaid two cases are that the State of Bihar had notified in the official g

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