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2023 Supreme(Pat) 309

RAJIV ROY
Banshidhar Construction Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: Mr. Suraj Samdarshi.
For the Respondent: M/s Lalit Kishore (AG), Prashant Pratap, GP-2, Gopal…. AC to GP-2.
For the Mines : M/s Naresh Dixit, S.P.P., Brij Bihari Tiwari.

Rajiv Roy, J.—Heard Mr. Suraj Samdarshi, learned counsel for the petitioner and Mr. Naresh Dixit, learned Special P.P. for the Mines.

2. The writ petition has been preferred for the following reliefs:—

(i) for issuance of a writ, order or direction in the nature of mandamus commanding the Respondents to extend the lease term by 30 days in accordance with Clause 5 Part IX of the Agreement dated 04.04.2020 or alternatively to grant proportionate remission in royalty for 30 days, in lieu of restriction Imposed upon mining activity during the COVID 19 pandemic from 23.03.2020 till 20.04.2020;

(ii) this Hon'ble Court may adjudicate and hold that the action of the Respondent Authorities in granting remission in royalty to sand mining lease holders in the state of Bihar for the period during which mining activity was restricted on account of COVID 19 lockdown, but not granting the same benefit to the Petitioner, is completely illegal, arbitrary, discriminatory and non-est in the eyes of law;

(iii) this Hon'ble Court may further adjudicate and hold that the action of the Respondent Authorities in this matter is fraught with arbitrariness on account of the fact that the Respondent have adopted

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