PATNA, India, July 23 -- Patna High Court issued the following judgment on July 11:

Re: Interlocutory Application No. 01 of 2025 The learned Advocate for the appellants/ applicants presses the instant interlocutory application for condoning the delay of 28 days in preferring this appeal.

2. This appeal has been listed on special mentioning by the learned Advocate General under very peculiar circumstance. We, therefore, deem it appropriate to ignore all the defects pointed out by the Stamp Reporter.

3. For the reasons stated in the application, the delay of 28 days in preferring this appeal is condoned.

4. I.A. No. 1 of 2025 stands allowed. Re.: L.P.A.No. 676 of 2025

1. The challenge to the judgment dated 05.05.2025, passed by a learned Single Judge in CWJC No. 6873 of 2025, is only on the limited ground of the lawyer appearing for the Mines Department having agreed to a proposal offered by the writ petitioner, pursuant to which the judgment was passed, and for which concession, the lawyer did not have the express mandate of the Department of Mines.

2.It has also been argued that without substantiation by any written instruction/affidavit or any express instruction to the lawyer, the concession given by him, even if in the end result is financially beneficial to the Department, cannot bind the Department. On this slender issue, the appeal aims at having the judgment set aside and the matter remanded to the learned Single Judge to decide afresh.

3. It would not be very necessary to refer to the facts of the case in detail. What is required to be stated for appreciation of the argument on behalf of the appellants/State is that the writ petitioner had obtained a mining lease in Sheikhpura for Rs.29 crores for 05 years, which expired sometime in the year 2022. According to the lease agreement, the amount of Rs.29 crores was to be deposited in five equal installments. Since the lease was auctioned, therefore, the settlement amount was actually the royalty. The writ petitioner also had taken the environmental clearance by the State Environment Impact Assessment Authority, which had proposed the capacity of production at 11,41,250 tons per annum.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MyM2NzYjMjAyNSMxI04=-MI3QpSTccQI=

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