The petitioner has absolute right to dispute the order in the appropriate forum if necessary and intended: Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.100821 Uttam Yadav Son of Mahavir Yadav Resident of Village Dayalpur P.S. Rajoun District Banka ... Petitioner s The State of Bihar through the Principal Secretary Department of Mining Bihar Patna The District Magistrate Banka The Superintendent of Police Banka The District Mining Officer Banka The S.H.O. of Rajoun Police Station District Banka ... Respondent s For the Petitioner s For the Respondent s Md. Nurul Hoda Advocate Md. S. Raza Ahmad AAG 5 Mr. Gyan Prakash Ojha GA 7 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SANJEEV PRAKASH Per: HONOURABLE THE CHIEF JUSTICE Date : 03 01 2022 Petitioner has prayed for the following relief s : Patna High Court CWJC No.100821 dt.03 01 2022 After the matter was heard for some time learned counsel appearing on behalf of the petitioner under instructions states that petitioner may be permitted to take appropriate proceedings in accordance with law before the appropriate authority. Permission granted. Learned counsel for the respondents states that if such a proceedings is taken within a period of four weeks from today the issue of limitation if any shall neither be raised nor allowed to come in the way of adjudication of the matter on Statement accepted and taken on record. As such petition stands disposed of in the following mutually agreeable terms: a) Petitioner is permitted to take appropriate proceedings in accordance with law before the authority concerned within a period of four weeks from today b) In the event of taking appropriate proceedings within a period of four weeks from today the issue of limitation if any shall not come in the way of adjudication of the matter on merits Patna High Court CWJC No.100821 dt.03 01 2022 c) Opportunity shall be granted to the parties to place on record all essential documents and materials if so required and desired d) Petitioner through learned counsel undertakes to fully cooperate and not take unnecessary adjournment e) The appropriate authority shall decide the matter on merits in compliance of the principles of natural justice f) The appropriate authority shall pass a reasoned and speaking order within a period of eight weeks from the date of taking appropriate g) Copy of the order passed by the appropriate authority shall be supplied to the parties h) Equally liberty reserved to the parties to take recourse to such other remedies as are otherwise available in accordance with law i) 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 Patna High Court CWJC No.100821 dt.03 01 2022 with law and with reasonable dispatch j) We have not expressed any opinion on merits and all issues are left open Liberty reserved to the petitioner to challenge the order before the appropriate forum if required and desired The instant petition sands disposed of in the aforesaid Interlocutory Application(s) if any stands disposed terms. Sanjay Karol CJ) ( Sanjeev Prakash Sharma J

Summary: The petitioner absolute right to dispute the order in the appropriate forum if necessary and intended and the parties will be given the opportunity to record all necessary documents and materials, if so required and preferred, and a copy of the order issued by the appropriate authority will be provided to the parties  is upheld by the High Court of Patna through the learned bench led by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA in the case of Uttam Yadav Vs. The State of Bihar (Civil Writ Jurisdiction Case No.10086 of 2021) Brief facts of the case are that this writ petition is directed for the issuance of appropriate writs, order orders, and direction directions commanding the respondents authorities to release the Tractor Vehicle with Trolley that was seized in Rajoun P.S. Case No. 15/2021 dated 14.01.2021 for alleged offence under Sections 378, 379, 411, 386, 120 B of the I.P.C., MMRD Act, 1957 Rules 4(1) &amp; Bihar &amp; Bihar Minerals (Concession), Prevention of illegal Mining Transportation Rules, 2019 11, 41, Rules 56 (2) &amp; Section 15 of NGT Act, 2010 which is pending in the court of learned C.J.M., Banka in favour of the petitioner as the petitioner is the actual/bonafide owner of the said vehicle and is willing to provide suitable sureties for the same as per this Hon’ble Court’s direction. The learned counsel representing the petitioner states that the petitioner may be permitted to pursue necessary legal proceedings before the appropriate authority, for which the permission was given. If such a process is brought within four weeks of today, learned counsel for the respondents indicates that the issue of limitation, if any, will not be raised or allowed to get in the way of determination of the matter on the merits, for which the Statement has been accepted and recorded. The petition has been dismissed on the grounds that the petitioner has four weeks from now to file suitable legal action before the competent authority, and if appropriate legal action is filed within four weeks, the question of limitation, if any, will not prevent the matter from being decided on the merits. The appropriate authority shall decide the matter on the merits, in accordance with the principles of natural justice, and shall pass a reasoned and spoken order, within eight weeks from the date of taking appropriate proceedings. The parties will be given the opportunity to record all necessary documents and materials, if so required and preferred, and a copy of the order issued by the appropriate authority will be provided to the parties. The court hopes that as and when the petitioner seeks such remedies as are otherwise available in law before the appropriate forum, the matter will be handled in accordance with the law and with reasonable dispatch. The petition is dismissed, but the petitioner absolutely has the right to dispute the order in the appropriate forum if necessary and intended.