Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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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