Md. Masiha vs State Of Bihar

Heard learned counsel for the parties.

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

That this an application for issuance of an  appropriate writ/ writs, order/ orders, direction/  directions commanding the respondents to exempt

the petitioner from paying settlement amount for mining for the period of 40 days i.e. from 01.01.2019 09.02.2019 for which period the petitioner was

unable/restrained to do the mining work without any fault of his own and adjust the said amount paid by the petitioner and be further pleased to grant

any other relief/reliefs for which the petitioner is entitled under the law.

After the matter was heard for some time, Shri Ansul, learned counsel for the petitioner, under instructions from the petitioner, states that

petitioner’s request, pending consideration with the appropriate authority, may be directed to be decided in accordance with law, more so, in the

light of the decision rendered by the learned Single Judge of this Court in CWJC No. 17199 of 2016, titled as Md. Masiha Vs. The State of Bihar &

Ors.

Well, we do not express any opinion with regard to the binding effect of the principle laid down in the case of Md. Masiha (supra), but direct the

appropriate authority to consider the pending request of the petitioner dated 20.09.2019 (Annexure-6) by passing a reasoned and speaking order.

As such, petition stands disposed of in the following terms:-

(a) The appropriate authority shall consider and dispose of the petitioner’s request (Annexure-6) expeditiously by a reasoned and speaking order

preferably within a period of three months from the date of presentation of a copy of this order;

(b) Needless to add, while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the

parties;

(c) Opportunity of placing all materials, in entirety, shall be granted to the parties;

(d) Also, the reasoned and speaking order passed by the appropriate authority shall be supplied to the parties;

(e) Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law;

(f) 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;

(g) Liberty reserved to the petitioner to challenge the order before the appropriate forum, should the need so rise subsequently;

(h) We have not expressed any opinion on merits.

All issues are left open;

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.