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
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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