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2024 Supreme(Pat) 263

PURNENDU SINGH
Balaji Enterprises – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Suraj Samdarshi, Advocate, Mr. Jai Vardhan Narayan, Advocate
For the Respondent: Mr. Naresh Dixit, Spl. P.P., Mr. Gyan Prakash Ojha ( GA-7 )

JUDGMENT :

Purnendu Singh, J.

Heard Mr. Suraj Samdarshi alongside Jai Vardhan Narayan, learned counsel appearing on behalf of the petitioner, Mr. Gyan Prakash Ojha, learned GA-7 appearing on behalf of the State and Mr. Naresh Dixit, learned Spl. P.P appearing on behalf of Mines Department.

2. The petitioner has prayed for following relief(s) in paragraph no. 1 of the writ petition:

    “I. Issuance of directions, orders or writs in the nature of certiorari setting aside the order dated 14.07.2023 passed by the Mines Commissioner, Department of Mines and Geology, Bihar in Appeal No. 01/2023 whereby and whereunder the Appeal filed by the petitioner against the order dated 23.01.2023 passed by the Collector, Sheikhpura was rejected and the order passed by the Collector, Sheikhpura was upheld cancelling the principal approval vis a vis Letter of Intent (LOI) for stone Block No. 27 situated at Mauza Hazaratpur Mandro Chandi, Thana Sheikhpura, District-Sheikhpura in an utmost arbitrary manner against the spirit of Rule 28 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 without appreciating the fact that the petitioner had taken all necessary

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