Patna High Court
M/s Carbon Ispaat Ltd.versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court held that the petitioner must approach the Mines Commissioner for relief and therefore dismissed the writ petition.
Summary
M/s Carbon Ispaat Ltd., through its director, filed a writ petition seeking to quash the Collector of Bhojpur’s order dated 20‑12‑2025 which rejected its representation and forfeited earnest money of Rs 3,78,67,500 deposited for a sand ghat lease. The petitioner also asked for the return of the forfeited amount. The High Court observed that the appropriate remedy lies before the Mines Commissioner and that the petitioner should file a petition there within four weeks, with any delay condoned given the pending litigation. Consequently, the Court disposed of the writ petition without granting the reliefs sought. The order underscores the principle that administrative orders of this nature are subject to departmental remedy before judicial intervention.
Issues considered
- Whether the Collector’s order rejecting the representation and forfeiting earnest money is amenable to challenge by a writ in the High Court
- Whether the petitioner is entitled to quash the order and recover the forfeited earnest money
- Whether the delay in filing a petition before the Mines Commissioner can be condoned
Subjects
- Writ petition
- Earnest money forfeiture
- Mines Commissioner
- Administrative remedy
- Delay condonation
- Public procurement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1827 of 2026
======================================================
M/s Carbon Ispaat Ltd. through its director Sri Mukesh Kumar, Gender- Male,
aged about 38 years, S/o- Ramashish Mahton, Resident of- Apartment, Flat
No. C3, 3rd floor, Pandit Clinic Road, Bartend, P.S- Dhanbad, District-
Dhanbad, Jharkhand- 826001.
... ... 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
For the Respondent/s : Mr. Government Pleader (20)
For the Mines ; Mr. Naresh Dikshit, Spl. P.P. Mines
Ms. Shruti Singh, Adv.
Mr. Utkarsh Pathak, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-04-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
(i) for issuance of an appropriate
writ to quash the order dated 20.12.2025
passed vide Memo No. 2611 (Annexure P-5)
by The Collector, Bhojpur whereby and
whereunder The Collector, Bhojpur,
Respondent No. 4 rejected the representation
dated 08.04.2025 (Annexure P-3) of the
Patna High Court CWJC No.1827 of 2026(2) dt.09-04-2026
2/3
petitioner and forfeited the earnest money of
Rs. 3,78,67,500/- (Three Crore Seventy-Eight
Lakhs Sixty-Seven Thousand and Five
Hundred) Which was deposited as the
earnest money in regard to BHOJ SON-41A
Sand Ghat for which the petitioner declared
successful bidder being the highest bidder.
ii. for issuance of an appropriate
writ that after quashing of order dated
20.12.2025 contained in memo no. 2611
further directed respondents to return the
earnest money 3,78,67,500/- (Three Crore
Seventy-Eight Lakhs Sixty-Seven 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. Learned counsel representing the Mines
Department submits that against the order passed by the
Collector, Bhojpur, the petitioner has remedy before the Mines
Commissioner.
4. Learned counsel for the petitioner submits that due
to filing of the petition before this Court, there has been some
delay.
5. If the petitioner files a proper petition before the
Mines Commissioner in next four weeks, the delay in
Patna High Court CWJC No.1827 of 2026(2) dt.09-04-2026
3/3
approaching the concerned authority be condoned in view of the
fact that the petitioner was agitating the matter before Patna
High Court.
6. With the aforesaid observation, the CWJC No.
1827 2026 is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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