PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:

Heard learned counsel, Mr. Suraj Samdarshi for the petitioner and learned counsel, Mr. Naresh Dikshit appearing for the Mines Department.

2. The present writ application has been filed by the petitioner for setting aside part of the order dated 25.01.2018, passed by Respondent no.2, the Principal Secretary-cumCommissioner, Department of Mines and Geology, Government of Bihar in Revision Case No. 04 of 2017, as contained in Annexure5 to the writ application, whereby the petitioner was allowed to resume sand mining with certain conditions, including the conditions that the petitioner shall pay BSMC charges at the prevailing rate for the sand sold by him and consequently 5% of the sale value of the sand has been charged by making entry at Sl. No.18 of the e-Challan. The prayer made in paragraph no.1 of the writ application reads as under :-

"(i)For setting aside part of the order dated 25.01.2018 passed by the respondent no.2 in Revision Case No.4 of 2017, wherein the petitioner was directed to make payment of BSMC charges at the prevailing rates against the sand sold by it.

(ii) For issuance of a writ of Mandamus, restraining the respondents from levying and recovering an amount equivalent to 5 % of the sale value of the sand mined and sold by the petitioner, in the name and style of "BSMC Commission", which is wholly without any authority in law and violative of Article 265 of the Constitution of India.

(iii) For a direction to the respondents to adjust the amount of Rs.1,28,03, 153 unlawfully recovered from the petitioner under threat and coercion, as 5% "BSMC Commission" on sale of sand made by the petitioner, in the settlement amount to be paid by the petitioner for the calendar year 2018.

(iv) For a direction to the respondents not to compel the petitioner to pay the BSMC commission for transactions after 05.03.2018 and for any other relief (s), order(s), direction(s) as your Lordships may deem fit and proper in the facts and circumstances of the case."

3. It is further submitted by learned counsel for the petitioner that the petitioner is a Private Limited Company. An advertisement was published on behalf of Respondent no. 2 for settlement of sand ghats by auction in different districts of the State including the District of Aurangabad for the period 2015-19. The petitioner being the highest bidder, was awarded the tender. On complying with the terms stipulated in the NIT dated 08.01.2015, the work orders were issued for the District of Aurangabad and, accordingly, Agreement of Settlement was entered between the petitioner and the Department of Mines vide Agreement dated 24.7.2015 and after submitting mining plan and getting environmental clearance, the mining commenced.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjNzI0OSMyMDE4IzEjTg==-ojUewS4DLVY=

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