High Court Patna High Court - Orders

Bihar Mining Engineering Servi vs The State Of Bihar &Amp; Ors on 15 July, 2008

Patna High Court – Orders
Bihar Mining Engineering Servi vs The State Of Bihar &Amp; Ors on 15 July, 2008
      IN THE HIGH COURT OF JUDICATURE AT PATNA
                    LPA No.428 of 2007
 BIHAR MINING ENGINEERING SERVICE ASSOCIATION & ORS
                         Versus
               THE STATE OF BIHAR & ORS
                        -----------

For the petitioners : Mr. Akashdeep,Advocate

For the respondents No.1 to 5 : Mr.V.K.Sinha, SPL PP (Mines)
For respondent no.8. : Mr. Rajnandan Pd., Advocate
For respondent no.9 :Mr.Chakradhari Sharan Singh, Advocate
For respondent no.6. Mr.Shiva Nandan Roy, Senior Advocate
Mr. Rama Sinha, Advocate

——

PRESENT

Hon’ble the Chief Justice
&
Hon’ble Mr. Justice Kishore K. Mandal

Dated, the 15th July, 2008.

Mr. V.M.K.Sinha, the Government Counsel is not in a

position to tell us as to whether the rules framed by the Governor

under Article 309 of the Constitution of India pertaining to Mines and

Geology Department have been published in the official gazette or

not. We find from the proceedings that on 20 th May, 2008, the matter

was adjourned for that purpose. Even after 55 days, the Government

Counsel could not find out as to whether the said rules have been

published in the official gazette or not.

3. We are satisfied that the LPA requires consideration.

2. Hence, admit.

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4. Mr. V.M.K.Sinha, the Government Counsel waives

service for respondents no.1 to 5. Mr. Rajnandan Prasad, advocate,

waives service for respondent no.8. Mr. Chakradhari Sharan Singh,

advocate, waives service for respondent no.9. Mr. Rama Sinha,

advocate, waives service for respondent no.6.

5. Except respondents no.7 and 10, all the respondents are

represented. In this view of the matter, notice shall only be issued to

respondents no.7 and 10.

6. Requisite process fee, notice and registered cover with

A/D for the said respondents shall be supplied within one week from

today, failing which the writ petition as against them shall stand

dismissed without further reference to the Court.

R.M. Lodha, CJ

Kishore K. Mandal, J.

Sunil