Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19023 of 2011 ====================================================== M/S Vijeta Construction Ltd. West Morabadi Maidan, Ranchi, represented by his authorized representative Kumar Arun Sinha Son of Ram Prasad Sinha, Resident of Mohalla - Mohannagar, P.S. - Kotwali, District - Gaya .... .... Petitioner/s Versus 1. The State of Bihar through Principal Secretary, Mines and Geology, New Secretariat, Bihar, Patna. 2. The Commissioner, Department of Mines, Bihar, Patna. 3. The Collector cum District Magistrate, Gaya. 4. The District Mining Officer, Gaya. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Ranjan For the Respondent/s : Mr. V.M.K.Sinha (Spl. PP)Mines- ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 7 27-01-2012 In the instant writ application, the petitioner prays for quashing order dated 17.10.2011 as contained in Memo no.2355/M, passed by Commissioner of Mines, Patna, whereby the application of the petitioner’s company seeking change of location to another site in respect of stone stockist license issued under Rule 7 of the Bihar Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003 (herein after referred to as ‘the Rules, 2003’), has been rejected. The change of location was sought on the ground of continuous attacks by extremists and Maoists groups for non-payment of extortion of money. The petitioner is a Public Limited Company incorporated under the Indian Companies Act and has been Patna High Court CWJC No.19023 of 2011 (7) dt.27-01-2012 2 / 9 2 awarded contract by the Road Construction Department for widening of Gaya Daudnagar Road, Manpur Hulasganj Road, Kadri Chainari Road etc. As the project required large quantity of stone chips of high quality, the petitioner company entered into a Mining lease agreement for supply of stone boulders. The petitioner applied for a captive Crusher Unit for preparing stone chips and its storage. The petitioner got ‘No Objection Certificate’ from the Bihar State Pollution Board. The petitioner was granted Stone stockist license under the Rules, 2003 for the crusher unit vide license no.164 of 2008 contained in letter no.436/Mines, Gaya dated 28.03.2008 for 7 years at Mouza Pindara, P.S. Gurua in the district of Gaya over plot nos. 04, 86 and 76 having an area of 7.43 acres at a total license fee of Rs.87,00,000/- to be paid in 7 equal yearly installments. No sooner the crusher unit started functioning, the petitioner’s company began to receive continuous extortion calls from Maoist’s and extremist’s groups. On 22.10.2008 a large number of extremists raided the company’s plant and robbed the belongings of the staffs and burnt the Haiwa Machine, for which an F.I.R. bearing Gurua P.S. case no.63 of 2008 was lodged. In spite of the institution of the case, onslaughts by the extremist and Maoist groups remained unabated. On 24.07.2010 the Maoists Patna High Court CWJC No.19023 of 2011 (7) dt.27-01-2012 3 / 9 3 burnt the Poklin Machine and Haiwa vehicle and threatened the staff with dire consequences, if the work is continued without payment of levy money. Again the matter was reported to police and on self-statement of S.I. Sawaliya Sharma, S.H.O. Gurua P.S., Sherghati (Gurua) P.S. case no. 76 of 2010 was registered under [STATUTE] . and Section 17 of C.L.A. Act. The petitioner found it extremely difficult to continue with the crushing work from the allocated site at Pindra in Guruwa police station and as such the company began to look out for an alternative site. The petitioner learnt that one C.S.T. Industries of a Public Limited Company had requisite land at Lodhipur, P.S. Mufassil, District- Gaya for running a crusher unit plant, as such the petitioner entered into an agreement on 03.06.2010 with C.S.T. Industries for letting out plot nos. 116, 163, 130, 159, 14, Khesara no. 770, 948, 768, 950 and 969 measuring 5.07 acres in villager Lodhipur, police station Mufassil, District- Gaya. A Copy of the lease agreement has been annexed as Annexure-4 to the writ application. The petitioner got necessary ‘No Objection Patna High Court CWJC No.19023 of 2011 (7) dt.27-01-2012 4 / 9 4 Certificate’ from Bihar State Pollution Control Board on 29.07.2010, a copy of such ‘No Objection Certificate’ is annexed as Annexure-5 to this writ application. Thereafter the petitioner applied for change of location of site of its license no.164 of 2008 to Lodhipur, P.S. Mufassil, District- Gaya, before the Mining Officer, Gaya, who in turn referred the matter to District Magistrate, Gaya. The District Magistrate, Gaya after noticing the difficulties faced by the petitioner’s company to run the crusher unit at the site allocated on account of Maoist and Extremist’s activities sought guidelines from the Principal Secretary, Mines and Geology, Department, Bihar, Patna. As there was some delay in disposal of the representation, the petitioner moved this Court in C.W.J.C. No.11239 of 2011. On 19.08.2011, the writ application was disposed of with an observation that the Principal Secretary, Mines and Geology, Bihar, Patna would dispose of the matter contained in the letter of the District Magistrate, Gaya dated 28.09.2010, bearing no.1405/Mines considering the desirability of shifting of location from Pindra, Gurua to Lodhipur within four weeks from the date of receipt/production of a copy of this order. The learned Commissioner, Mines noticed that there is no provision in the Rules, 2003 for change of location and as Patna High Court CWJC No.19023 of 2011 (7) dt.27-01-2012 5 / 9 5 such the petitioner should apply afresh for grant of stone stockist license for the new site so sought. He also observed that earlier orders passed by the Mines Officer and the Collector of the district were without d

Applicable IPC Section: 435

Statute Text:
Section 435 of the Indian Penal Code. Mischief by fire or explosive substance with intent to cause damage to an amount of 100 rupees or upwards, or, in case of agricultural produce, 10 rupees or upwards. Whoever commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property to the amount of one hundred rupees or upwards or (where the property is agricultural produce) ten rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.