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2018 Supreme(Jhk) 928

RAJESH SHANKAR
Dhanbad Wine – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.S.Mazumdar, Sr. Advocate Mr. Kumar Vaibhav, Advocate
For the Respondent:Mr. Bhanu Kumar, Advocate

ORDER :

1. The present writ petition has been filed for quashing the Letter No. 1423/M dated 03.12.2016 issued by the Deputy Commissioner, Godda (the respondent no.2) to the extent it stipulates that the security amount and the other amount deposited by the petitioner towards settlement of sand ghat at Pathargama Circle, Geruwa river at Mouza Sanathan admeasuring 16.18 acres have been forfeited. Further prayer has been made for issuance of direction upon the concerned respondents to forthwith refund an amount of Rs. 93,85,500/- to the petitioner which was deposited towards security money and 40% of the bid amount for settlement of the aforesaid sand ghat.

2. The factual background of the case as stated in the writ petition is that vide letter no. 505 dated 17.03.2015, certain instructions were issued by the Department of Mines and Geology pertaining to operation of Sand Beds and the auction procedure. An advertisement was issued by the Office of the Deputy Commissioner, Godda, Mineral Section for settlement of sand ghats in the District of Godda by way of public auction. The sand ghat of Geruwa river situated at Korka Panchayat admeasuring 16.18 acres at Mouza Sanathan was also inclu










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