Patna High Court
CWJC/15684/2023 of M/s Mahadev Enclave Pvt. Ltd. Vs The State of Bihar on 23 July 2026
COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15684 of 2023 ====================================================== M/s Mahadev Enclave Pvt. Ltd. a registered Company having its registered Office at B-37, Ayodhya Marg, Hanuman Nagar, Jaipur, Rajasthan through its authorized
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15684 of 2023
======================================================
M/s Mahadev Enclave Pvt. Ltd. a registered Company having its registered Office at B-37, Ayodhya Marg, Hanuman Nagar, Jaipur, Rajasthan through its authorized representative namely Rajendra Singh Male aged about 41 years S/o Bahadur Singh R/o Village and P.O.-Sawnloda Ladkhani, Khuribadi, Sikar (Rajasthan)-332315.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary Cum Commissioner, Department of Mines and Geology, Govt. of Bihar, Patna.
2.
The Principal Secretary Cum Commissioner, Department of Mines and Geology, Govt. of Bihar, Patna.
3.
The Mines Development Officer, Banka.
4.
The Mines Inspector Cum Competent Authority, Banka.
5.
The District Magistrate Cum Collector, Banka.
6.
The District Registrar, Banka.
7.
The District Sub-Registrar, Banka.
... ... Respondent/s
Appearance :
For the Petitioner/s
:
Mr.Gautam Kumar Kejriwal, Advocate
For the Respondent/s
:
Mr.Dhurjati Kr. Prasad (Gp14)
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
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ORAL ORDER
23-07-2026 Heard the parties.
2. The present petition has been preferred for the following relief/s:
(i) for issuance of a writ in the nature of certiorari for quashing of the letter bearing reference number 699/ni. Banka dated 28.10.2023 issued by the respondent number 7 respectively whereby 6% and 2% of the settlement amount has been demanded against stamp duty and registration charges;
(ii) for holding and a declaration that the petitioner is entitled to the same conditions as regards payment of stamp duty and registration fee as directed by this honourable court in similar set of facts and reliefs vide order dated 19.11.2016 passed in C.W.J.C. number 7034 of 2016, order dated 11.10.2017 passed in C.W.J.C. number 12761 of 2017 and order dated 24.11.2017 passed in C.W.J.C. number 8654 of 2017 (in the matter of petitioner itself);
(iii) for further issuance of writ or order or direction restraining the respondent number 7 and/or any other respondents from taking any coercive action against the petitioner in terms of the notice inviting tender, lease deed, the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation And Storage) Rules, 2019 (hereinafter referred to as the "rules 2019" for short) on account of non-compliance of the instructions issued in the impugned letter by the respondent number 7;
(iv) for further holding and a declaration that the instructions issued by respondent number 7 in response to the petitioner's representation dated 27.10.2023 is highly discriminatory, arbitrary and violative of Article 14 of the Constitution of India as it exposes a dichotomous approach of the respondents in dealing with similar situation in the case of none else but the petitioner itself;
(v) for further holding and a declaration that the instructions issued by the respondent number 7 in the impugned letter is further in teeth of the law laid down by the honourable apex court in the matter of 1979-1-SCC-572 [State of Kerala Vs Roshanal] and the judgement of this honourable court reported in 2011 [2] PLJR-267 as the respondent number 7 has ignored the directions of this honourable court issued in similar situation in the case of petitioner itself and has virtually forced the petitioner to approach this honourable court in a separate case to obtain a separate order for same purpose;
(vi) for grant of any other relief or reliefs to which the petitioner is found entitled to in the facts and circumstances of the case.
3. Learned counsel for the petitioner prays for withdrawal of the petition.
4. Accordingly, the C.W.J.C. No. 15684 of 2023 is dismissed as withdrawn.
Ravi/- (Rajiv Roy, J) U