Petitioner shall approach the authority responsible by filing a representation for redress of the grievance: Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.85921 Broad Son Commodities Pvt. Ltd. a Company incorporated under the provisions of the Companies Act 1956 having its registered office at Dr Himanshu Complex Block Road Koilwar Chowk P.s. Koilwar Dsitrict Ara Bhojpur) through its Director Ashok Kumar aged about 64 yearsSon of Ram Chandra Saw resident of village Mohalla Pareo P.s. Bihta District Patna Petitioner The State of Bihar through the Principal Secretary cum Mines Commissioner Department of Mines and Geology Vikas Bhawan Bailey Road Patna The Principal Secretary cum Mines Commissioner Department of Mines and Geology Vikas Bhawan Bailey Road Patna The Director Department of Mines and Geology Vikas Bhawan Bailey Road Patna The Assistant Director Department of Mines and Geology Vikas Bhawan Bailey Road Patna ... Respondents For the Petitioner For the State For the Mining Department CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA Mr. Suraj Samdarshi Adv Ms Kalpana Adv Mr. Naresh Dixit Spl. P.P Per: HONOURABLE THE CHIEF JUSTICE Date : 03 01 2022 Petitioner has prayed for the following relief(s): “(i). To issue an appropriate writ order or direction in the nature of commanding the Respondents to cancel all the stockist licenses in Form K issued under Rules 39(1) of the Bihar MineralsRules2019 to persons other than the settleee of sand ghats in the District of Bhojpur ii). This Hon’ble Court may adjudicate and hold that only a mineral concession holder settlee of sand ghat is authorised to sell sand in accordance with Rule 29 Patna High Court CWJC No.85921 dt.03 01 2022 E of the Bihar MineralsRules iii). This Hon’ble Court may adjudicate and hold that only a mineral concession holder settlee can obtain a stockist license in Form K under Rule 39(1 of the Bihar Minerals Rules iv) This Hon’ble court may adjudicate and hold that Rule 39 of the Bihar Minerals Rules 2019 is subject to Rule 29E of thereof and therefore stockist license in Form K can be obtained only by a settlee v) This Hon’ble Court may adjudicate and hold that the action of the respondents in issuing stockist licenses in From K to persons other than settle is in violation of the Mines & MineralsAct 1957 and Bihar Minerals Prevention of Mining Transportation & Storage) Rules 2019 which do not allow sale of sand by any person other than a mineral After the matter was heard for some time learned counsel for the petitioner under instructions states that petitioner shall be content if a direction is issued to the authority concerned to consider and decide the representation which the petitioner shall be filing within a period of four weeks for redressal of the Patna High Court CWJC No.85921 dt.03 01 2022 Learned counsel for the respondents states that if such a representation is filed by the petitioner the authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order Statement accepted and taken on record As such petition stands disposed of in the following a) Petitioner shall approach the authority concerned by filing a representation for redressal of the grievance(s) b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order c) Needless to add while considering such representation principles of natural justice shall be followed and due opportunity of hearing afforded to the parties d) Equally liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law e) We are hopeful that as and when petitioner takes recourse to such remedies as are otherwise available in law before the appropriate forum the same shall be dealt with in accordance with law and with reasonable dispatch Patna High Court CWJC No.85921 dt.03 01 2022 f) Liberty reserved to the petitioner to approach the Court if the need so arises subsequently on the same and subsequent cause of action g) We have not expressed any opinion on merits of the matter. All issues are left open h) We expect that the appropriate authority shall consider and decide the petitioner’s application request expeditiously and preferably within a period of three months from the date of its presentation The petition stands disposed of in the aforesaid Interlocutory Application(s) if any stands disposed Sanjay Karol CJ) ( Sanjeev Prakash Sharma J

Summary: Petitioners right to approach the authority responsible by filing a representation for redress of the grievance and the authority concerned shall evaluate and dispose of it swiftly by a reasoned and spoken order, preferably within three months of its filing, together with a copy of this order is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SANJEEV PRAKAS SHARMA in the case of Broad Son Commodities Pvt. Ltd. Vs. The State of Bihar (Civil Writ Jurisdiction Case No.8594 of 2021) Brief facts of the case are that the Petitioner has requested the court to issue a writ, order, or direction commanding the Respondents to cancel all stockist licences in Form-K issued under Rule 39(1) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation &amp; Storage) Rules2019 to persons other than sand ghats settlees in the district of Bhojpur. Furthermore, petitioner also prayed that the Hon’ble Court may rule and hold that only a mineral concession holder/settlee of sand ghat is authorised to sell sand under Rule 29 E of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation &amp; Storage) Rules 2019, and that only a mineral concession holder/settlee can obtain a stockist licence in Form K under Rule 39(1) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation &amp; Storage) Rules, 2019. The petitioner sought that Hon’ble Court may rule and hold that Rule 39 (1) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation &amp; Storage) Rules, 2019 is subject to Rule-29E of the same, and that a stockist licence in Form K can only be obtained by a settlee, and that the respondents’ action in issuing stockist licences in Form K to persons other than settlees is in violation of the Mines &amp; Minerals (Development and Regulation) Rules, 2019. Under instructions, learned counsel for the petitioner stated that if a direction is issued to the authority concerned to consider and decide the representation that the petitioner will be filing within four weeks for redressal of the grievance(s), the petitioner will be satisfied, whereas learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose of it expeditiously within a period of three months from the date of its filing along with a copy of this order. Petition was disposed off with terms that include upholding petitioners right to approach the authority responsible by filing a representation for redress of the grievance and the authority concerned shall evaluate and dispose of it swiftly by a reasoned and spoken order, preferably within three months of its filing, together with a copy of this order. Undoubtedly, when contemplating such representation, natural justice principles must be followed, and the parties must be given a fair hearing. Similarly, the petitioner holds the right to pursue alternative remedies that are otherwise available under the law, and the court hopes that if and when the petitioner pursues such remedies before the appropriate forum, the matter will be resolved in accordance with the law and in a timely manner. Click here to read the judgment