Patna High Court
Abstergo Buildcon Private LimitedversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The High Court held that the writ petition is not maintainable before it and must be pursued before the Collector, Arwal.
Summary
Abstergo Buildcon Private Ltd, holder of a sand storage licence, filed a writ petition alleging that the Department of Mines and Geology arbitrarily blocked its ID and password without notice, and that a punitive letter dated 07.10.2025 was baseless. The petitioner sought mandamus to quash the blocking order, to restore its access, and to set aside the punitive direction. The respondents argued that the order was appealable before the Collector of Arwal. The Patna High Court held that the writ petition was not the appropriate remedy and directed the petitioner to approach the Collector within four weeks, condoning any delay. The court further noted that any interim developments would be subject to the Collector's final order.
Issues considered
- Whether the High Court has jurisdiction to entertain a writ petition challenging the blocking of the petitioner’s ID and password under the sand storage licence.
- Whether the order of the Mineral Development Officer is appealable before the Collector, Arwal.
- Whether mandamus can be issued to quash the punitive letter and restore the petitioner’s access.
Subjects
- sand storage licence
- mandamus
- writ petition
- administrative action
- Mineral Development Officer
- Collector appeal
- procedural fairness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2068 of 2026
======================================================
Abstergo Buildcon Private Limited Vill- Bahadurpur, Mauja Name-
Bahadurpur, Mauza No- 123, Block- Arwal, P.S.- Parasi, District- Arwal
through its Director namely Prakash Kumar, (Male), aged about- 30 years,
Son of Pramod Singh, R/o- Village- Hinu, Ratu Road, P.O.- Ratu Road, P.S.-
Ratu Road, District- Ranchi.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Mines and Geology,
Government of Bihar, Patna.
2. The Secretary, Department of Mines and Geology, Government of Bihar,
Patna.
3. The Director, Department of Mines and Geology, Government of Bihar,
Patna.
4. The District Magistrate, Arwal.
5. The Mineral Development Officer, District Mining Office, Arwal.
6. The Mining Inspector, District Mining Office, Arwal.
7. The Officer-in-Charge, Parasi Police Station, Arwal.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Advocate
: Mr. Manish Kumar, Advocate
For the State : Mr. Standing Counsel (01)
For the Mines Dept. : Mr. Naresh Dikshit, Spl. PP Mines
: Ms. Shruti Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 23-04-2026 Heard Mr. Prashant Kumar, learned counsel for the
petitioner and Ms. Shruti Singh, learned counsel representing
the Mines Department.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of a writ in the nature of
Mandamus for quashing the arbitrary and illegal
action of the respondent authorities in
blocking/closing the petitioner's I.D. and
Patna High Court CWJC No.2068 of 2026(2) dt.23-04-2026
2/3
password appertaining to its sand Storage
License without any notice opportunity of
hearing.
(ii) for quashing the letter no. 5645
dated 07.10.2025, so far as it relates to the
petitioner, by which a direction has been issued
to take punitive action against all K-license
holders for alleged ground of unauthorized sale
beyond the permissible limit is false, baseless,
and without evidentiary support, especially when
no stock of sand existed at the petitioner's site at
the relevant time.
(iii) for issuance of a writ in the nature
of mandamus. commanding and directing the
respondent authorities to immediately restore the
petitioner's I.D and password and allow him to
carry on lawful business under his valid license.
(iv) for holding that the alleged ground
of unauthorized sale beyond the permissible limit
is not all applicable in the case of petitioner.
(v) for issuance of such other order or
direction as the petitioner may be found entitled
Patna High Court CWJC No.2068 of 2026(2) dt.23-04-2026
3/3
to in the facts and circumstances of the instant
case.”
3. An order has been passed by the Mineral
Development Officer, Arwal communicated vide memo no. 328
dated 07.02.2026.
4. The counter affidavit is on record duly filed on
behalf of the respondent nos. 1 to 6.
5. Learned counsel representing the Mines
Department submits that the order is question is appealable
before the Collector, Arwal (respondent no.4).
6. In that background, the writ petition is disposed of
allowing the petitioner to approach the concerned Collector,
Arwal in next four weeks and if such petition is filed, any delay
in filing the appeal must be condoned as the petitioner was
agitating the mater before the Patna High Court.
7. Any development that will takes place in between
shall be subject to the final outcome of the order passed by
Collector, Arwal.
(Rajiv Roy, J)
vinayak/-
U
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