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Patna High Court

M/s Upendra Nikhil High Tech Construction Pvt. Ltd.versusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order dated 05.11.2025 is quashed and set aside for violation of natural justice.

Summary

The petitioner, Upendra Nikhil High Tech Construction Pvt. Ltd., sought a writ of certiorari to quash an order dated 05.11.2025 issued by the Mineral Development Officer, Aurangabad, which rejected its application to reopen a user ID for generating transport e‑challans for sand stock, allegedly without any hearing. The petitioner also prayed for a writ of mandamus to prevent interference with the movement of sand for which royalty had been paid. The State argued that the representation was considered and no hearing was required. The Court held that the principles of natural justice require a hearing before an adverse order is passed. Consequently, the impugned order was quashed, the matter remitted to the officer to pass a fresh order after hearing, and the sand stock was protected from disturbance.

Issues considered

  • Whether the order dated 05.11.2025 passed without hearing violates the principles of natural justice.
  • Whether the order can be quashed by a writ of certiorari.
  • Whether a writ of mandamus can be issued to restrain interference with the sand stock.

Subjects

  • natural justice
  • certiorari
  • mandamus
  • mineral development
  • sand stock
  • royalty
  • environmental law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.18948 of 2025
                 ======================================================
                 M/s Upendra Nikhil High Tech Construction Pvt. Ltd. having its registered
                 office at Fazalganj, Kanserwa, Infront of D.M. Colony Old G.T. Road,
                 Sasaram, Dist.- Rohtas, Bihar - 821115, through its Director namely Upendra
                 Singh, Male-aged about 53 years, Son of Late Kailash Singh, R/O Near Devi
                 Temple, Pansa, Palamu, District-Palamu (Jharkhand).

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary, Department of Mines and
                 Geology, Government of Bihar, Patna.
           2.    The Director, Department of Mines and Geology, Government of Bihar,
                 Patna.
           3.    The Member Secretary, Bihar State Pollution Control Board, Patna.
           4.    The District Mining Officer, Department of Mines and Geology, District -
                 Aurangabad.
           5.    The Regional Officer, Bihar State Pollution Control Board, District -
                 Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Suraj Samdarshi, Advocate
                                               Mr.Rajnikant, Advocate
                                               Mr. Masoom Raza, Advocate
                 For the Respondent/s   :      Mr.Standing Counsel (16)
                 For the Mines          :      Mr. Naresh Dikshit, Spl. P.P.
                                               Ms. Kalpana, Advocate
                                               Ms. Shruti Singh, Advocate
                 For the BSPCB          :      Mr. Kumar Ravish, Advocate
                                               Mr. Rohit Kumar, Advocate
                                               Mr. Ayush Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   13-01-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. The petitioner has moved the Court for the

                   following reliefs:

                                            “i. For issuance of writ in the nature of
                                  Certiorari for quashing the order dated
Patna High Court CWJC No.18948 of 2025(4) dt.13-01-2026
                                           2/3




                       05.11.2025 issued under the signature of Mineral
                       Development Officer, Aurangabad bearing Letter
                       no.1581 dated 05.11.2025 (Annexure P8),
                       whereby and whereunder, the application filed by
                       the Petitioner to issue/reopen the Petitioner's
                       User ID 033199182001 to enable generation of
                       transport challans/e-challans for dispatch and
                       sale of the balance stocked sand from the
                       Petitioner's stock-hold area at Aurangabad, Sone
                       Balukhand-23A has been rejected arbitrarily and
                       without granting any opportunity of hearing.
                                 ii. For issuance of writ in the nature of
                       Mandamus commanding the Respondents not to
                       interfere with the movement of stock of sand for
                       which the Petitioner has already paid the royalty
                       and the Sand stock belongs to the Petitioner
                       exclusively.”

                      3. The limited contention of learned counsel for the

          petitioner is that the order dated 05.11.2025 has been passed by

          the respondent no. 4 without hearing the petitioner and without

          considering the representation of the petitioner which is against

          the principles of natural justice.

                      4. Learned counsel for the Mining Department has

          supported the impugned order and has submitted that the

          representation of the petitioner was considered and there is no

          requirement of hearing the petitioner.

                      5. I have considered the submissions of the parties.

                      6. When an order is being passed against the

          petitioner, the basic requirement of principles of natural justice

          is that the petitioner should have been heard and his contention
           Patna High Court CWJC No.18948 of 2025(4) dt.13-01-2026
                                                      3/3




                     should have been considered.

                                 7. In these circumstances, this application is allowed.

                                 8.    Consequently,         the     impugned   order   dated

                     05.11.2025 passed by the Mineral Development Officer,

                     Aurangabad bearing Letter no.1581, is hereby quashed and set

                     aside.

                                 9. The matter is remitted back to respondent no. 4 for

                     passing a fresh order after hearing the petitioner and considering

                     the contentions of the petitioner within 15 days of appearance of

                     the petitioner before the respondent no. 4.

                                 10. In the meantime, the stock in question shall not be

                     disturbed i.e., no third party right shall be created by the

                     respondents.


                                                                       (Sandeep Kumar, J)

P. Kumar

U


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