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M/S Mahadev Enclave Pvt. Ltd vs State Of Bihar And Ors

Patna High Court · Decided on 14 December 2020 · Citation: (2020) 12 PAT CK 0368

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 6058 Of 2017, 6875 Of 2018
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Judgment

19 paragraphs · 307 words

According to the petitioner, solely on account of non-compliance of the statutory provisions i.e. the issuance of the notification of the Department of

Mines, the petitioner is suffering.

After the matter was heard for some time, learned counsel for the petitioner, under instructions, states that petitioner shall be content if a direction is

issued to the appropriate authority, including Respondent No. 3, namely The Principal Secretary-cum-Commissioner, Department of Mines and

Geology, Government of Bihar to consider and decide the petitioner’s request which the petitioner shall be making within a period of four weeks.

As such petitions are disposed of with a direction to Respondent No. 3 namely The Principal Secretary-cum-Commissioner, Department of Mines and

Geology, Government of Bihar to consider and decide the petitioner’s request which the petitioner shall be making within a period of four weeks,

positively within a period of two months thereafter.

It stands clarified that the proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties

otherwise mutually agree to meet in person i.e. physical mode.

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

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.

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

parties.

Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits.

The petitions stand disposed of in the aforesaid terms.

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