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2025 DIGILAW 457 (JHR)

Mahadev Enclave Pvt. Ltd v. State of Jharkhand

2025-02-17

NAVNEET KUMAR, SUJIT NARAYAN PRASAD

body2025
JUDGMENT : 1. In pursuant to the order dated 04.02.2025, Mr. Jitendra Singh at present holding the post of Secretary, Mines & Geology, Govt. of Jharkhand, Ranchi, is present. 2. The instant writ petition has been filed for the following reliefs:- (i) An appropriate writ, order or direction for quashing of the letter no.1408/M dated 29.11.2016 issued by the Deputy Commissioner, Godda, whereby the petitioner was given two days time to show cause as to why the security deposit as well as the advance deposited by the petitioner be not forfeited and the Sand Ghat allotted to the petitioner be not cancelled. (ii) For issuance of further writ, order or direction restraining the respondents from forfeiting the security deposit as well as the advance amount deposited by the petitioner in respect of Sand Ghat settled in his favour. 3. Learned counsel appearing for the petitioner has submitted that the present writ petition may be disposed of in terms of the order dated 07.08.2023 passed by the Coordinate Bench of this Court in W.P.(C) No.3387 of 2022 and other analogous cases, wherein, the direction has been passed upon the respondent no.2, Director of Mines & Geology, Govt. of Jharkhand, Ranchi, to refund the security deposit and bid amount to the petitioner, within a period of two months along with simple interest at the rate of 6% per annum, to be calculated from the date of deposit till the date of actual payment. 4. The copy of the said order has also been handed over to Mr.Rahul Saboo, learned counsel for the respondent-State. 5. Learned State Counsel has submitted that the issue has already been decided in the aforesaid batch of writ petitions. He, in addition thereto, has submitted that the State of Jharkhand has challenged the order passed in W.P.(C) No.3387 of 2022 and other analogous cases before the Hon’ble Apex Court by filing the S.L.P. The said S.L.P. has also been dismissed. 6. It has further been submitted that now the Government is taking endeavour for refund of the amount in terms of the order dated 07.08.2023 passed by the Coordinate Bench of this Court in W.P.(C) No.3387 of 2022 and other analogous cases. He, therefore, submits that the present writ petition may be disposed of in terms of the aforesaid order. 7. Such submission has been made in presence of Secretary, Mines & Geology, Govt. of Jharkhand, Ranchi. 8. He, therefore, submits that the present writ petition may be disposed of in terms of the aforesaid order. 7. Such submission has been made in presence of Secretary, Mines & Geology, Govt. of Jharkhand, Ranchi. 8. This Court, considering the aforesaid, is of the view that the factual aspect of the present case is not in dispute with respect to the issue of parity as per the order passed by the Coordinate Bench of this Court, vide order dated 07.08.2023 in W.P.(C) No.3387 of 2022 and other analogous cases. 9. Learned State Counsel has not disputed the aforesaid fact. 10. Therefore, this Court, is of the view that the instant writ petition is being disposed of reserving liberty to the writ petitioner to approach before the authority along with the factual aspect supported by the order passed by the Coordinate Bench of this Court, vide order dated 07.08.2023 in W.P.(C) No.3387 of 2022 and other analogous cases as also the order passed by the Hon’ble Apex Court. 11. The decision shall be taken by the authority concerned preferably within the period of three weeks’ from the date of receipt of copy of the order. 12. Needless to say that if the claim of the writ petitioner is found to be genuine, the same shall be paid in favour of the writ petitioner within the further period of six weeks’ from the date of taking such decision. 13. Accordingly, the instant writ petition stands disposed of with the liberty aforesaid. 14. Pending Interlocutory Application(s), if any, also stands disposed of.