Bhola Prasad Yadav vs State Of Bihar And Ors

Heard parties.

Petitioner has prayed for the following relief(s):-

(i) For declaring the rule 35, Rule 36, Rule 37, Rule 45, Rule 47 and Rule 63(2) of the Bihar Minor Minerals, 2017, (hereinafter referred as 'the Rule'),

whereby the State has arrogated to itself, the right to give licenses for retail seller of minor minerals and also to fix prices for sale by the settlees of the

mining leases as ultra vires the Rule making power conferred upon the State vide section 15 of the Mines and Minerals (Development of Regulation)

Act, 1957 (hereinafter referred to as 'the MMDR Act') as well being colourable exercise of Power and ultra vires the provisions of the Essential

Commodoties Act, 1955 (hereinafter referred to as 'the EC Act').

(ii) Consequent to declaring the Rule 43, Rule 45 and Rule 47 as ultra vires, the advertisement dated 02.11.2017 published in daily Hindi news paper

(Dainik Jagran), whereby applications have been invited for grant of 149 retail licence for Patna district (for different subdivisions) under the Bihar

Minor Minerals Rule, 2017, which is apparently unreasonable and is very less in number, be quashed.

(iii) To direct the concerned authorities to formulate guidelines/fix criteria in relation to regulate the retail trade in minor minerals including issuance of

retail licenses, as there hasnot been given any criteria or guidelines in the aforesaid Rule.

(iv) For declaring the Rule 42, Rule 43, Rule 45 and Rule 47 ultra vires (whereby the State intents to sale the mineral excavated by the settlee by

assuming itself the sole right to purchase from the settlee, at fixed price and without guaranteeing any minimum purchase price and sale to consumers

through a chain of retail licenses), as the Rule making power conferred upon the State Under Section 15of MMDR Act, is violative of Articles 14 and

19(1) (g) of the Constitution of India(hereinafter referred to as 'the constitution'.

(v) For declaring the Rules 75, Rule 77 and Rule 89 of the Rule, ultra vires, as the same over reaches the provisions of the MMDR Act.

(vi) For issuance of writ in the nature certiorari quashing the various notifications, order, and directions issued under the provisions of the aforesaid

Rules of Bihar Minor Mineral Rules, 2017 to the petitioner's company.

Shri Pushkar Narayan Shahi, learned senior counsel, invites our attention to the fact that the writ petition has become infructuous, inasmuch as the

rules in question stands repealed and substituted by subsequent law.

Despite repeated calls, none has entered appearance on behalf of the petitioner. It is perhaps for the reason that the petitioner has lost interest. It is

also brought to our notice that similar petitions already stands disposed of by this Court. Today, most of the learned counsels have withdrawn the writ

petitions which were listed along with the batch of this petition.

As such, we dispose of the present petition reserving liberty to the petitioner to revive or file a fresh petition on the same and subsequent cause of

action, if the need so arises.