Patna High Court: The Bench of Sanjay Priya, J. allowed a petition filed challenging an order vide which petitioner was restrained from taking sand from a ghaat settled in his favour.
The instant petition had been filed being aggrieved by an order issued by the Assistant Director, Department of Mines and Geology by which the Petitioner was restrained from taking sand from sand ghaat which had been settled in his favour. The petitioner brought to the notice of Court another order issued by Assistant Director Petitioner (Mines and Geology) against which he had filed revision before the Commissioner, Mines and in which execution of demand had been kept in abeyance and the revision was pending for final hearing before the Commissioner, Mines.
The Court opined that the impugned order had been passed without giving any opportunity to the petitioner to produce his case. Further, restraining petitioner from operating at the sand ghaat would cause loss of revenue to the State exchequer as well as to him. In view thereof, petitioner was directed to file necessary revision application before the Commissioner, Mines against the impugned order; and the revisional authority was directed to pass appropriate order in accordance with law after giving proper opportunity of hearing to the petitioner.
The writ was disposed of directing that in the meantime, till final order is passed by the revisional authority, restraint order passed against the petitioner vide impugned order shall be kept in abeyance. [Aditya Multicom (P) Ltd. v. State of Bihar, 2019 SCC OnLine Pat 165, Order dated 08-02-2019]
