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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the Collector’s order is appealable to the Mines Commissioner under Section 67(2) of the Bihar Minerals Rules, and therefore the writ petition is not maintainable.

Summary

Petitioner Pintu Kumar deposited Rs.96,52,500 as earnest money for the mining lease BHOJ SON‑04 after being declared the highest bidder. The Collector of Bhojpur rejected the petitioner's representation and, by an order dated 21‑02‑2025, forfeited the earnest money. The petitioner filed a writ petition seeking quash of the Collector’s order and return of the money. The respondents contended that the correct remedy is an appeal to the Mines Commissioner under Section 67(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019, which must be filed within sixty days. The High Court observed that the petitioner still has the opportunity to file such an appeal within two weeks and dismissed the writ petition, directing the petitioner to pursue the statutory appeal route.

Issues considered

  • What is the appropriate remedy for the Collector’s order forfeiting the earnest money?
  • Does the limitation period under Section 67(2) of the Bihar Minerals Rules bar the petitioner from seeking relief through a writ?

Subjects

  • writ petition
  • mining lease
  • earnest money
  • forfeiture
  • limitation period
  • appeal
  • Bihar Minerals Rules
  • Collector
  • Mines Commissioner

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1174 of 2026
                 ======================================================
                 Pintu Kumar S/o Sri Ganesh Yadav, Resident of Vill-Berar Tola, P.S.-Barah,
                 P.S.-Rani Talab, District-Patna.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Additional Chief Secretary, Department of Mines
                 and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
           2.    The Mines Commissioner, Department of Mines and Geology, Government
                 of Bihar, Patna.
           3.    The Director Mines, Department of Mines and Geology, Government of
                 Bihar, Patna.
           4.    The Collector, Bhojpur.
           5.    The Assistant Director cum Mineral Development Officer, Bhojpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shambhu Narayan Singh, Advocate
                                          :        Mr. Suraj Kumar Tiwary, Advocate
                                          :        Mr. Abhishek Kumar, Advocate
                 For the State            :        Mr. Government Pleader (19)
                 For the Mines Dept.      :        Mr. Naresh Dikshit, Spl. PP Mines
                                          :        Mr. Brij Bihari Tiwari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   02-04-2026                    Heard Mr. Shambhu Narayan Singh, learned counsel

                   for the petitioner and Mr. Naresh Dikshit, learned Spl. PP Mines

                   as also learned State counsel.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) for issuance of an appropriate writ to

                                        quash the order dated 21.02.2025 passed vide

                                        Memo No. 605 (Annexure P-5) by The Collector,

                                        Bhojpur whereby and whereunder The Collector,
Patna High Court CWJC No.1174 of 2026(2) dt.02-04-2026
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                             Bhojpur,       Respondent    No.4    rejected   the

                             representation dated 15.04.2024 (Annexure P-4)

                             of the petitioner and forfeited the earnest money

                             of Rs.96,52,500/- (Ninety-Six Lakh and Fifty-

                             Two Thousand and Five Hundred) which was

                             deposited by the petitioner as the earnest money

                             in regard to BHOJ SON-04 for which the

                             petitioner declared successfully bidder being the

                             highest bidder.

                                         (ii) for issuance of an appropriate writ

                             that after quashing of order dated 21.02.2025

                             contained in memo no.605 further directed

                             respondents to return the earnest money

                             Rs.96,52,500/- (Ninety-Six Lakh and Fifty-Two

                             Thousand and Five Hundred) to the petitioner.

                                         (iii) for any other consequential relief

                             or reliefs for which the petitioner will be found

                             entitled in the facts and the circumstances of the

                             present case.”


                      3. At the outset, Mr. Naresh Dikshit, learned Spl. PP

          Mines submits that against the order passed by the Collector,

          Bhojpur dated 21.02.2025, the petitioner ought to have move
Patna High Court CWJC No.1174 of 2026(2) dt.02-04-2026
                                            3/4




          before the Mines Commissioner by way of appeal under section

          67(2) of the Bihar Minerals (Concession, Prevention of Illegal

          Mining, Transportation and storage) Rules, 2019 (henceforth for

          short ‘the 2019 Rules’).

                      4. Chapter 16 relates appeals and revision and section

          67 read as follows:

                                  67. Appeals.-(1) All final orders passed by

                             Mining Officer shall be appealable to the

                             Collector within sixty days from the date of the

                             order.

                                  (2) All final orders passed by the Collector

                             shall be appealable to the Mines Commissioner

                             within sixty days from the date of the order.

                                  (3) All appeals shall be disposed of within

                             three months from the date of the filing. All

                             appeals in the rule shall be in Form "L".


                      5. Learned counsel for the petitioner submits that

          though he is ready to approach the Mines Commissioner, there

          has been delay and the said section records it as only sixty days.

                      6. This Court has taken note of the submission put

          forward by the learned Spl. PP Mines that the remedy is

          available before the Mines Commissioner and in that
            Patna High Court CWJC No.1174 of 2026(2) dt.02-04-2026
                                                        4/4




                      background, if the petitioner prefers a proper appeal before the

                      Mines Commissioner in next two weeks from today, the Mines

                      Commissioner shall be taking up the matter and disposing it of

                      on merit and it is expected that the same shall not be disposed of

                      only the ground on limitation.

                                  7. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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