Jharkhand High CourtPanchanand Choudhary vs The State Of Jharkhand on 16 December, 2021Author:Sujit Narayan PrasadBench:Sujit Narayan Prasad1\n\n\n          IN THE HIGH COURT OF JHARKHAND AT RANCHI\n                           W.P.(C) No.4434 of 2013\n     Panchanand Choudhary, son of Sri Naresh Choudhary, resident of\n     Ghanouri Mahuachak, P.O. & P.S. Chhoti Naki, District Bhagalpur\n     (Bihar)                                                   .......    Petitioner\n                                           Versus\n     1.The State of Jharkhand.\n     2.Deputy Commissioner, Godda, P.O. & P.S. Godda, District Godda.\n     3.District Mining Officer, Godda, P.O. & P.S. Godda, District Godda.\n     4. Assistant Mining Officer, Godda, P.O. & P.S. Godda, District Godda.\n                                                   .....         Respondents\n                                     -------CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD-------For the Petitioner    : Mr. Sumeet Gadodia, Advocate\n                          : Ms. Aakansha Mittal, Advocate\n    For the Respondents : Mr. Manav Poddar, A.C to A.A.G-I.------------------------5/Dated 16th December, 20211.        The instant writ petition has been filed under Section 226 of the\n\n     Constitution of India whereby and whereunder, the following reliefs\n\n     have been sought for:"(a)   For issuance of an appropriate writ, order or\n\n               direction, including the writ in the nature of mandamus,\n\n               directing and commanding upon the Respondent No.2 to\n\n               consider the case of the petitioner for proportionate\n\n               reduction of the bid amount pertaining to Sand Ghats\n\n               allotted in favour of the petitioner, specially in view of the\n\n               fact that the petitioner was unable to lift sand due to\n\n               imposition of illegal and arbitrary condition, restricting\n\n               transportation of excavated sand only within Godda\n\n               District and because of imposition of another condition\n\n               relating to lifting and loading of sand in the Sand Ghats2by providing therein that no machine shall be used for\n\n         lifting and loading of sand;(b)   For issuance of further appropriate writ, order or\n\n         direction on the respondents, particularly Respondent\n\n         no.4, not to take any coercive action against the petitioner\n\n         for realization of the alleged bid amount pertaining to the\n\n         Sand Ghats allotted in favour of the petitioner until the\n\n         representation filed by the petitioner for payment of\n\n         proportionate bid amount is considered and decided by\n\n         speaking reasoned order by the Respondent no.2; and(c)   For any other relief or reliefs for which the\n\n         petitioner is legally entitled in the facts and circumstances\n\n         of the case."2.       The brief facts of the case as per the pleading made in the writ\n\npetition is that, in pursuant to the Jharkhand Minor Mineral Concession\n\nRules, 2004 (hereinafter referred to as 'Rules 2004'), in view of the\n\nprovision as under Rule 12 thereof which provides provision of\n\nsettlement of Sand Ghats which were vested under Gram Sabha where\n\nthe said Sand Ghats were located or situated. Subsequently the provision\n\nof Rule 12 has been amended by virtue of notification dated 25.04.2011\n\nto the effect that all the Sand Ghats will not be settled by public auction.\n\nThe concerned competent authority of the district Godda vide its letter\n\nno.318 dated 24.05.2011 published a notice for public auction for\n\nsettlement of approximately fifty Sand Ghats in the district of Godda.\n\nThe writ petitioner had participated and declared to be successful in\n\nrespect of the Sand Ghats namely, Ramkol Sand Ghat. The writ\n\npetitioner, although, had been declared to be successful for lifting sand3from one Ghat as referred in the preceding paragraph but in the\n\nmeanwhile, the competent authority of the State Government came out\n\nwith a restriction clause on the transportation of excavated sand outside\n\nthe district of Godda by a general notice dated 14.06.2011.The grievance of the writ petitioner is that due to such\n\nrestriction imposed by the public notice the petitioner has suffered a lot,\n\nalthough, he has already deposited the required security deposit money\n\nfor the same but since he has not been allowed to lift, he has suffered\n\nfinancial loss.3.       Mr. Manav Poddar, learned A.C to A.A.G-I appearing for the\n\nState has submitted that by virtue of the order passed by this Court in\n\nW.P.(C) No.170 of 2012 (Panchanand Choudhary vs. The State of\n\nJharkhand and others), such restriction of lifting sand outside the district\n\nwhich was notified by the public notice dated 14.06.2011 has already\n\nbeen recalled and as such now there is no restriction upon the\n\ntransportation of sand outside the jurisdiction of the concerned district.\n\nBut, however, the restriction was prevailing for the period from\n\nSeptember, 2011 to June, 2013.4.       Upon such submission, Mr. Sumeet Gadodia, learned counsel\n\nappearing for the petitioner has submitted that in view of such\n\nrestriction, the writ petitioner is entitled for proportionate reduction in\n\nthe bid amount which has already been deposited in part before the\n\nconcerned authority and to that effect representation has already been\n\nmade but no decision has been taken.5.       Learned counsel for the State has, however, submitted that\n\nsome of the amount has been adjusted towards the bid amount.46.       Be that as it may, since the writ petitioner has ventilated his\n\ngrievance by filing a representation before the concerned authority on\n\nthe basis of the admitted fact that in the public notice there was no\n\nrestriction/imposition of transportation of sand outside the district and in\n\nthe meanwhile, the said restriction has already been lifted and in that\n\nview of the matter, the representation has been filed before the\n\nconcerned authority for adjudicating the dispute raised by the petitioner\n\nfor adjustment of the amount from the bid amount. Therefore, the\n\nrespondent authorities are required to take decision.7.       In view thereof, the writ petitioner is at liberty to file\n\nrepresentation giving therein details of his claim along with all\n\nsupporting documents and the facts before the concerned competent\n\nauthority i.e. the District Mining Officer, Godda within a period of four\n\nweeks from the date of receipt of copy of the order. The concerned\n\nauthority shall take a decision after providing an opportunity of hearing\n\nto the writ petitioner within a period of four weeks from the date of the\n\nreceipt of such representation.8.       This Court makes it clear that this Court has not entered into the\n\nclaim of the parties.9.       In view thereof, the writ petition stands disposed of.10.      Consequently, I.A. No.1309 of 2014 for stay also stand\n\ndisposed of.(Sujit Narayan Prasad, J.)\nSaket/