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2023 Supreme(Pat) 608

PARTHA SARTHY
Eklavya Stone and Mines Pvt. Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. P.N. Shahi, Mr. Gopal Bohra, Advocate
For the Respondent:Ms. Sangh Mitra Ghosh, Mr. Naresh Dixit, Mr. Brij Bihari Tiwary, Advocate

JUDGMENT :

Heard Mr. P.N. Shahi learned senior counsel for the petitioner, Ms. Sangh Mitra Ghosh, learned counsel for the respondent State of Bihar and learned counsel for the Mines Department.

2. The petitioner has filed the instant application for the following relief(s) :

    “(i) For quashing/setting aside the order contained in Letter No. 3176 dated 08.11.2022 passed by the Mining Development Officer, Nawada, whereby and whereunder a sum of Rs. 61,61,33,325/-has been imposed towards unauthorized extraction of 5794196 CFT stone against the annual production capacity as approved in the Environmental Clearance under Rule 56 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation) Amended Rules, 2021 and a direction has been issued to pay the aforesaid amount within 15 days failing which a certificate case shall be lodged against the petitioner.

(ii) After quashing of the aforesaid the respondent may be directed to grant consequential benefit.

(iii) For any other consequential relief or reliefs for which the petitioner will be found entitled in the facts and cir

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