Md. Israil vs State Of Bihar And Ors

Heard parties.

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

(i) For declaring Rule 35; Rule 36; Rule 37; Rule 47 and Rule 63(2) of the Bihar Minor Mineral Rules, 2017 (hereinafter referred to as 'the Rules') -

whereby the State has arrogated to itself the right 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 and Regulation) Act, 1957 (hereinafter referred to as 'the MMDR

Act') as well as being Colourable exercise of Power and Ultra-vires the provisions of the Essential Commodities Act, 1955 Commodities Act, 1955

(hereinafter referred to as 'the EC Act').

(ii) Consequent to declaring the Provisions of Rule 35; Rule 37(ii) and Rule 63(2) of the Rules as ultra-Vires the letter bearing Memo no. 5015 dated

20.10.2017 whereby the Petitioner has directed to give objections to the Rate proposed and as also the State has stated that it would not be under any

obligation to purchase any minimum quantity of sand- be quashed.

(iii) For declaring that the Rule 42, Rule 43, Rule 45 and Rule 47 of the Rules - whereby the State intends to control the been invited for appointment

of Retail Licensees under Rule 45 of the Rules.

(vi) For declaring that Rule 75, Rule 77 and Rule 89 of the Rules is ultra-vires the provisions of the MMDR Act as the same overreaches the provision

of the MMDR Act.

(vii) For declaring Rule 144 and Rule 145 of the Rules as ultra- Vires Section 15 of the Act including such consequential provisions like Rule 25 of the

Rules - the aforesaid two Rule makes the Rules retrospective in nature and thereby takes away the ""accrued right"" even when such powers have not

been specifically conferred upon the delegatee (the State) by the delegator (the Central Government).

(viii) For declaring the that Petitioner, being a settlee under the provisions of the pre-existing Bihar Minor Mineral Minor Mineral Concession Rules,

1972 (hereinafter referred to as the Old Rules') is to be governed by the Old Rules as well as the pre-existing Sand Policy, 2013.

(ix) For reading down the provision of Rule 64 of the Rules as the same overlaps the power conferred upon the Collector under Rule 56 and Rule 57

of the Rules.

(x) For issuance of writ in the nature of Certiorari quashing the various notifications, orders and directions issued under the provisions of the aforesaid

rules of the Bihar Minor Minerals Rules, 2017 to the petitioner-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 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 petitioner to revive or file a fresh petition on the same and subsequent cause of

action, if the need so arises.