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2021 Supreme(Pat) 856

SANJAY KAROL, S. KUMAR
Broad Son Commodities Private Limited – Appellant
Versus
State of Bihar through the Commissioner-Cum-Principal Secretary, Department of Mines and Geology, Government of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr.Suraj Samdarshi, Adv
For the Respondents: Mr. Sunil Kumar Mandal, Mr. Ravi Ranjan Kumar Singh

JUDGMENT :

Sanjay Karol. J.

Following question arises for consideration before this Court:-

Does the conduct of the petitioner disentitle him from making the claim that the action of the State in granting extension of mining lease on an amount slightly higher than the prevalent rate amounts to unconscionable, illegal, arbitrariness or unreasonable act?

2. Petitioner has prayed for the following reliefs:-

    “(i) For issuance of a writ, order or direction in the nature of mandamus commanding the Respondents to levy and charge royalty for the extended period of settlement of the sand ghats in the District of Patna, according to the terms and conditions of the sand policy 2013, the tender document for settlement for the period 2015-19 and the settlement agreement.

(ii) Consequent to grant of relief no. (i) to issue a further writ, order or direction in the nature of mandamus commanding the Respondents to refund the excess royalty paid by the petitioner for the extended period i.e. from 01.01.2020 till 31.10.2020 and from 01.11.2020 till 31.12.2020.

(iii) This Hon’ble Court may adjudicate and hold that extensions granted to the petitioner from 01.01.2020 till 31.10.2020 and from 01.11.2020 till

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