Broad Son Commodities Pvt. Ltd vs State Of Bihar

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

“(i). To issue an appropriate writ, order or direction in the nature of commanding the Respondents to cancel all the stockist licenses in Form-K

issued under Rules 39(1) of the Bihar Minerals (concession, Prevention of Illegal Mining, Transportation & Storage) Rules2019, to persons other than

the settleee of sand ghats in the District of Bhojpur.

(ii). This Hon’ble Court may adjudicate and hold that only a mineral concession holder/settlee of sand ghat is authorised to sell sand in accordance

with Rule 29E of the Bihar Minerals (concession, Prevention of Illegal Mining, Transportation & Storage) Rules 2019.

(iii). This Hon’ble Court may adjudicate and hold that only a mineral concession holder/settlee can obtain a stockist license in Form K under Rule

39(1) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.

(iv) This Hon’ble court may adjudicate and hold that Rule 39 (1) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation

& Storage) Rules, 2019 is subject to Rule-29E of thereof and therefore, stockist license in Form K can be obtained only by a settlee.

(v) This Hon’ble Court may adjudicate and hold that the action of the respondents in issuing stockist licenses in From K to persons other than

settle, is in violation of the Mines & Minerals (Development & Regulation) Act, 1957 and Bihar Minerals (Concession, Prevention of illegal Mining,

Transportation & Storage) Rules, 2019 which do not allow sale of sand by any person other than a mineral concession holder/settlee.â€​

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 authority concerned to consider and decide the representation which the petitioner shall be filing within a period of four weeks for

redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioner, the authority concerned shall consider and dispose it

of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order.

Statement accepted and taken on record.

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

(a) Petitioner shall approach the authority concerned by filing a representation for redressal of the grievance(s);

(b) The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months

from the date of its filing along with a copy of this order;

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

parties;

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

(e) 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;

(f) Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action;

(g) We have not expressed any opinion on merits of the matter. All issues are left open;

(h) We expect that the appropriate authority shall consider and decide the petitioner’s application/request expeditiously and preferably within a

period of three months from the date of its presentation.

The petition stands disposed of in the aforesaid terms.

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