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Patna High Court

Abstergo Buildcon Private LimitedversusThe State of Bihar

Decided
Disposal
DISPOSED

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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