IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14883 of 2009 1. INDRA BHUSHAN KUMAR S/O SRI RAJENDRA PRASAD, R/O MOH- KHASGANJ, P.O & P.S- SOHSARAI, DISTT- NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE CHAIRMAN, BIHAR RAJYA PUL NIRMAN NIGAM LTD. PATNA 2. MANAGING DIRECTOR, BIHAR RAJYA PUL NIRMAN NIGAM LTD. PATNA 3. THE SENIOR PROJECT ENGINEER, WORKS DIVISION, BIHAR SHERIFF, BIHAR RAJYA PUL NIRMAN NIGAM LTD,.PATNA-15 4. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER DEPARTMENT OF MINES, BIHAR PATNA 5. THE MANAGING DIRECTOR DEPARTMENT OF MINES, GOVERNMENT OF BIHAR, PATNA 6. THE ASSISTANT DIRECTOR DEPARTMENT OF MINES, BIHAR SHERIFF, DISTT- NALANDA 7. THE CIRCLE OFFICER, GIRIAK, DISTT- NALANDA ----------- For the Petitioner : M/s Mrigank Mauli, Gopesh Kumar & Vinay Mistry For the State : M/s V.M.K.Sinha & Md. Nadim Seraj. 2 5.1.2010 In view of subsequent event an interlocutory application being I.A. No. 7891 of 2009 has been filed for amendment in the relief and for addition of party. I.A. No. 7891 of 2009 is allowed. Petitioner had got a settlement of Panchane river and its distributory . The settlement was upto 31.12.2009. It is not in dispute that he had paid the entire amount under protest. The grievance of the petitioner is that as per government decision, certain irrigational dames were constructed across the river at different points, during the settlement period with the petitioner. These irrigational dames stopped the flood of the water and thus the river got substantially flooded preventing the petitioner for excavation of sand. This was not small 2 or negligible amount. Petitioner’s protest was enquired into and reports were submitted clearly showing that the petitioner’s full right to excavate was seriously impaired by government action, which was beyond control of the petitioner and came about much later after the settlement . Petitioner’s grievance is that he is entitled to a proportionate remission if not compensation for not being able to exploit the settlement to the fullest extent. In my view, these are the questions of fact, which have to be fully enquired into but if the facts, as asserted, are correct then surely inequity petitioner is entitled to a compensation for loss of business or business opportunity. I, therefore, direct the petitioner to make a representation with all facts and figure before the District Magistrate- cum- Collector, Nalanda at Biharsharif, who is the Settlement Officer, who would make such enquiry ,as is necessary, and after hearing the parties decide the matter, as indicated above , within a period of three months from the date of filing of representation along with a copy of this order. In case any amount is found equitably refundable to the petitioner from the settlement amount paid by him, that should be refunded to the petitioner within one month of passing of the said order. Petitioner’s second grievance is that the work of construction of irrigational dames across the river was entrusted by the State to the Bihar State Bridge Construction Corporation to sub contractor, the contractor without payment of any amount and without permission of the petitioner excavated substantial amount of sand for 3 use in the dames aforesaid. Petitioner thus raises a grievance of being deprived the payment thereof by State action in that regard. This matter would also be separately decided by the Collector of the district and if it is found that Bihar State Bridge Construction Corporation or for that matter, the Sub contractor has used the sand, the settlement of which was with the petitioner then the Collector would accordingly determine the compensation that is payable by the Bihar State Bridge Construction Corporation to the petitioner for sand used by the sub contractor of the Corporation. This decision also the Collector would take after hearing the parties within a period of three months positively. The decision, so taken, would be then communicated to the petitioner with reasons in support thereof. With the above observation and direction this writ petition stands disposed of. Singh (Navaniti Prasad Singh, J.)