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Judgment
Heard learned counsel for the parties.
Petitioners have prayed for the following relief(s):-
To hod and declare the Rule 75 of the Bihar Mines and Mineral Rules 2017 as ultra vires of provision of the Mines and Minerals (Development and
Regulation Act. 1957 and Articles 14, 19(1)(g), 245 and 300A of the Constitution of India whereby and whereunder the punishment of imprisonment
has been enhanced to 5 years with minimum penalty of Rs. 1 Lac which would be extended to 5 lacs contrary to the punishment as prescribed in the
Parent Act being known as Mines and Mineral(Development & Regulation) Act, 1987.
(ii) Further to hold and declare the Rule 53 of the Bihar Mines and Mineral Rules 2017 as ultra vires of provision of the Mines and Minerals
(development and Regulation Act. 1957 and Articles 14, 19(1)(g), 245 and 300-A of the Constitution of India relying upon which the notification as
contained in memo no. 3024 dated 11.10.2017 has been issued by which freedom of transporter in trade and business delaing with mines and minerals
is beign controlled under the garb of installation of digital lock and GPS.
(iii) Further to quash the notificionat as contained in memo no. 3024 dated 11.10.2017 by which freedom of transporter in trade and business dealing
with mines and minerals is being controlled under the garb of installation of digital lock and GPS in excise of powers as estipulated under Rule 53 of
Bihar Mines and Minerals Rules 2017.
(iv) To restrict the power of inspection by the police officer as provided under Chapter-XIII of Rules 99, 100, 101, 102, and 103 in order to check the
misuse and excessive power being exercised by them for ulterior reasons and be made inoperative only under the supervision of Mining Officer or nay
authorized officer by the State Government.
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rules in question stand repealed and substituted by subsequent law.
Despite repeated calls, none has entered appearance on behalf of the petitioners. It is perhaps for the reason that the petitioners have lost interest. It is
also brought to our notice that similar petitions already stand 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 Today, most of the learned counsels have withdrawn the writ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 petitioners to revive or file a fresh petition on the same and subsequent cause of
action, if the need so arises.