Advocates:
['Sriram Krishna', '', 'Abhijeet Gautam', 'Devansh Shankar Singh', 'Amarjeet', 'GYAN PRAKASH OJHA GA']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6327 of 2022

======================================================

Mr. Aman Sethi S/o Late Shri Som Prakash Sethi having office at Plot

No.182, Phase IV, Udyog Vihar, P.S. Udyog Vihar, Sector- 18, P.O.- Udyog

Vihar, Phase IV, Gurgaon (Haryana)- 122015 and Residence at S-541, P.S.-

C.R. Park and P.O.- Greater Kailash- II, Greater Kailash- II, New Delhi-

110048. Through Power of Attorney Holder Ramesh Prasad Singh, male, aged

about 55 years approximately, Son of Sh. Ramyash Singh, Resident of Kanti

Niwas, Batkhara Office, Shitla Mandir, Chiragora, P.O. and P.S.- Hirapur,

District- Dhanbad, State- Jharkhand currently Residing at Road No.7 (Late

House), East Patel Nagar, Near Gandhi Murti, Patna- 8000023, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Mines and Geology

Department, Government of Bihar, Patna.

2.

The Secretary, Mines and Geology Department, Government of Bihar,

Patna.

3.

The Director, Mines and Geology Department, Government of Bihar, Patna.

4.

The Divisional Commissioner, Gaya Division, Gaya.

5.

The Deputy Director, Mines and Geology, Magadh Circle, Gaya.

6.

The District Magistrate-cum-Collector, Nawada.

7.

The Assistant Director, Mines, Nawada.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Sri Ram Krishna, Advocate,

For the Mines Dept.

:

Mr. Narersh Dikshit, Spl. P.P. Mines.

For the Respondent/s

:

Mr.Gyan Prakash Ojha (GA7)

======================================================

CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 20-06-2022

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.6327 of 2022 dt.20-06-2022

2/8

A.

To issue an appropriate writ(s), order(s) or

Direction(s) to the respondent authorities to grant

permission to the petitioner to inter alia transport

1,21,500 Tonnes of stone Chips and 18,000 Tones of

Dust which is lying in stock (stored) at the mining site

at Mauja- Bhadokhara, Block No. 11, Khata No. 888,

Plot No. 4256, Post Orhanpur, District- Nawada;

B.

To issue an appropriate writ(s), Oder(s) or

Direction(s) to the respondent authorities to issue the

requisite user ID (towards preparation of the Transport

Challan/e-way bill) to the petitioner for the period

between 11.06.2021 to 10.12.2021 so that the

petitioner can undertake the transport of 28,08,090.00

cubic feet of stones for which he had been granted

prior permission;

C.

To issue an appropriate Writ(s), Oder(s) or

Direction(s) to the respondent authorities quashing

the letter dated 03.09.2021, in which reference has

been made to the letter dated 12.08.2021 as contained

in Memo No. 1/Laghu khanan (store) 27/15-2204/M,

Patna, whereby the petitioner has been asked to only

remove the plant and machinery and other temporary

structures whining a period of 6 months;

D.

To issue an appropriate Writ(s), Oder(s)

or Direction(s) to the respondent authorities quashing

the letter dated 12.08.2021 as contained in Memo No.

1 /Laghu khana (store) 27/15-2204/M, Patna, or in the

alternative and without prejudice to the above to keep

the same in abeyance till such time that the petitioner

does not remove the already extracted ore in

consonance with the judgment of the Hon’ble

Supreme Court of India;

E.

To issue an appropriate Writ(s), Oder(s) or

Direction(s) granting a further time period of six

months to carry out the transportation of the

extracted stones and dust in light with the judgments

of the Hon’ble Supreme Court of India;

F.

To issue an appropriate Writ(s), Oder(s) or

Direction(s) counting the period of 6 months that is

available for removal of temporary structures from the

mining site and removal of the ext