Patna High Court
Umesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner should approach the Mines and Geology Department within eight weeks for a reasoned order, and disposed the writ petition accordingly.
Summary
The petitioner, Umesh Kumar, filed a writ petition seeking a certiorari to quash a 19 November 2019 order directing him to deposit Rs. 11.20 crore as royalty for sand ghats in Muzaffarpur for 2017‑2018, and to be held not liable for periods when the sand ghats were intermittently closed. He also claimed loss and damages. The respondents, including the State of Bihar and the Mines and Geology Department, raised no objection. The Court, after hearing counsel, directed the petitioner to approach the Mines and Geology Department within eight weeks for a reasoned decision on the matter. The writ petition was consequently disposed with this observation, without addressing the substantive royalty liability issues.
Issues considered
- Whether the order directing payment of royalty for sand ghats can be quashed by certiorari.
- Whether the petitioner is liable to pay royalty for periods during which sand ghats were intermittently closed.
Subjects
- sand ghat
- royalty
- certiorari
- Mines and Geology Department
- writ petition
- civil writ jurisdiction
- intermittent closure
- royalty payment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.171 of 2020
======================================================
Umesh Kumar Son of Late Jiyalal Ray, Resident of Village/Mohalla-Jalal
Chowk, P.O.-Shekpur, P.S.-Yehaipur, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Mines Commissioner, Vikas Bhawan, Bailey
Road, Patna.
2. The mInes Commissioner, Vikas Bhawan, Bailey Road, Patna. Mines and
Geology Department, Government of BIhar Vikas Bhawan, Bailry Road,
Patna.
3. The Assistant Director, Mines and Geology Department, Government of
BIhar, VIkash Bhawan Bailey Road, Patna.
4. The Licensing Authority Cum Collector, Muzaffarpur.
5. The Mineral Development Officer Mines Inspector, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Samdarshi, Adv.
Mr. Avinash Shekhar, Adv.
For the Respondent/s : Mr. Gyan Prakash Ojha (GA7)
For the Mines : Mr. Naresh Dikshit, Spl.P.P.
Ms. Shruti Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
10 23-03-2026 Heard Mr. Suraj Samdarshi, learned counsel for the
petitioner and Ms. Shruti Singh for the mines besides Mrs. Sangha
Mitra Ghosh representing the State.
2. The present application has been preferred for the
following relief(s):
(i) To issue an appropriate writ,
order or direction in the nature of certiorari
for quashing order dated 19.11.2019
contained in memo no. 4195 / M Patna dated
21.11.2019 issued by the Respondent Mines
Patna High Court CWJC No.171 of 2020(10) dt.23-03-2026
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Commissioner, whereby and where under the
petitioner has been directed to deposit Rs.
11,20,48,172/- (Rupees Eleven Crores
Twenty Lakhs Forty Eight Thousand One
Hundred Seventy Two Only) as amount due
with respect to settlement of sand ghat in the
district of Muzaffarpur for the calendar year
2017 and 2018.
ii) This Hon'ble Court may
adjudicate and hold that the Petitioner is not
liable to pay the royalty for the period he has
been precluded from wining of sand on
account of intermittent closure of sand ghats.
iii) To award the cost of litigation
and suitable compensation to the petitioner
for the loss and damages caused to the
petitioner.
iv) To grant/ award any other relief
or reliefs which the Petitioners may be found
entitled to in the facts and circumstances of
the case.
3. Learned counsel for the petitioner submits that it
will suffice if he is allowed to approach the respondent no. 2,
the Mines and Geology Department, Bihar, Patna so that he/she
can take a decision in the matter.
4. The respondents including the Mines Department
have no objection.
5. In that background, the writ petition is disposed of
Patna High Court CWJC No.171 of 2020(10) dt.23-03-2026
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allowing the petitioner to approach the concerned respondent in
next eight weeks who shall be taking up the matter and
disposing it of with a reasoned order.
6. The writ petition is disposed of with aforesaid
observation.
(Rajiv Roy, J)
Vijay Singh/-
U
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