Raj Kumar Singh vs State Of Bihar

Heard learned counsel for the parties.

Petitioner has prayed for following reliefs:-

(I) For issuance of an appropriate writ/writs, order/orders, direction/directions in the nature of mandamus directing and commanding the respondent

authorities to consider the representation of the petitioner dated 29.11.2021 whereby and whereunder the petitioner has requested the Mineral

Development Officer, Sheikhpura to accept the payment of 2nd installment of the Royalty amount of Rs.5,40,00,000/- (Rupees Five Crore Forty Lakh)

in two equal installmetns as per the request of the petitioner made vide his representation dated 29.11.2021.

(ii) For issuance of writ in the nature of mandamus directing and commanding the respondent authorities for not to charge interest for the delay in

payment of 2nd Annual installment as the delay is not attributable to the petitioner, rather the delay is on account of the inaction of the concerned

respondent authorities.

(iii) For issuance of an appropriate writ, order or direction in the nature of mandamus commanding the respondents not to take any coercive steps

against the petitioner for the delay in payment of 2nd Annual installment.

(iv) For any other relief/reliefs for which the petitioner is entitled to.â€​

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

petition is disposed of with a direction issued to appropriate authority, respondent no.9, the Mineral Development Officer Sheikhpura to consider and

decide the representation to be filed within four weeks along with a copy of this order, within a period of three months from the date of its

presentation.

Learned counsel for the respondent State states that if the representation is filed within the time stipulated, the same shall be considered and decided

positively within a period of three months.

Statement accepted and taken on record.

Needless to say that while considering such request, principles of natural justice shall be followed and due opportunity of hearing afforded to the

parties.

If aggrieved by the said order, the petitioner shall have liberty to approach this Court by way of separate petition(s), if so required and desired.

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.

Without expressing any opinion on merits of the claim and leaving all issues on facts and law open, the petition stands disposed of in the aforesaid

terms.

Interlocutory application, if any, shall also stand disposed of.