IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.4961 of 2010 With Interlocutory Application No. 8463 of 2010 ====================================================== 1. Vijay Prasad S/o Kamta Prasad R/o Vill.- Ghoghi Bariyarpur, P.S.- Piri Bazar, Distt.- Lakhisarai. .... .... Petitioner/s Versus 1. The Union of India through the Joint Secretary, Department of Mines, Government of India, Shastri Bhawan, New Delhi 2. The Joint Secretary and Legal Advisor, Department of Mines Government of India, Shastri Bhawan, New Delhi 3. The Registrar Ministry of Company Affairs, 4th Floor, Maurya Lok Complex, Patna, Bihar 4. The State of Bihar through the Secretary Mines and Mineral Department, Government of Bihar, Patna 5. The Additional Secretary Department of Mines and Geology, Government of Bihar, Patna 6. The District Magistrate Lakhisarai 7. The District Mineral Development Officer Lakhisarai 8.Sri Krishnanand Singh S/O Late Kartik Singh R/O Mohalla- Sri Krishnanagar, Plot No. 176, Road No. 23, P.S. Budha Colony, Town And Distt.- Patna, Self Appointed Ceo-Cum-Director Of M/S I.D.I.O. Construction And Industries (India) Ltd. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shambhu Saran Singh With Mr. Shabbir Ahmad, Advocates For the Respondent/s : Mr. V.M.K.Sinha(Spl.PP)Mines- MrKameshwar Prasad Gupta, C.G.C. For respondent No.8 : Mr. U.P. Singh, Sr. Advocate Mr. Shankar Dayal Singh Mr. Tripurari Sharan Pandey, Advocates ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA Patna High Court CWJC No.4961 of 2010 (09) dt.20-06-2011 2 ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 09 20-06-2011 This petition under Article 226 of the Constitution of India is filed by one Vijay Prasad. He claims to be the lawfully elected Chairman-cum-Managing Director of M/S IDIO Construction and Industries (India) Ltd. He has approached this Court for direction to the State Government to grant him mining lease in respect of certain pieces of land for excavation of major minerals. He has also challenged the validity of the Government Order dated 28th January 2008. We make it clear that the impugned order dated 28th January 2008 made by the State Government has been set aside by this Court in C.W.J.C. No. 16998 of 2008. The order of the learned single Judge has been confirmed by us in L.P.A. No. 798 of 2010 today. So far the relief for grant of lease in respect of particular pieces of land to the petitioner, we may note that this Court in exercise of extraordinary power under Article 226 of the Constitution cannot issue a writ of mandamus against the State Government to grant lease for excavation of major minerals in respect of particular pieces of land in favour of a particular party. The question whether the petitioner is lawfully elected Chairman-cum-Managing Director of M/S IDIO Patna High Court CWJC No.4961 of 2010 (09) dt.20-06-2011 3 Construction and Industries (India) Ltd. cannot be decided in the present petition filed under Article 226 of the Constitution. If the petitioner is aggrieved, he has adequate remedy under the Indian Companies Act, 1956. In view of the above, none of the reliefs prayed for by the petitioner can be granted. The writ petition is accordingly dismissed. I.A. No. 8463 of 2010 stands disposed of. We may clarify that we have not examined the dispute of the petitioner with the company or any of its officers on merits. The petitioner may avail of any remedy lawfully available to him. Rahman/- (R.M.Doshit, CJ) (Birendra Prasad Verma, J)