Patna High Court
Raj ConstructionversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition was dismissed, with the court directing the petitioner to approach the Collector, Arwal, for relief.
Summary
Raj Construction, represented by Raj Kumar, filed a writ petition challenging the blocking of its sand storage licence ID and password by the Bihar Department of Mines without any notice, and contesting a letter (No. 5645 dated 07.10.2025) that directed punitive action against K‑license holders for alleged unauthorized sand sales. The petitioner sought mandamus to quash the alleged arbitrary actions, restore its licence credentials, and declare that the alleged excess sale ground did not apply to it. The respondents argued that the order was appealable before the Collector of Arwal. The Patna High Court held that the writ petition could not be entertained at this stage and directed the petitioner to approach the Collector within four weeks, condoning any delay in filing the appeal. The court further noted that any interim developments would be subject to the Collector’s final order.
Issues considered
- The legality of blocking the petitioner’s licence ID and password without notice or hearing.
- Whether letter No. 5645 directing punitive action against K‑license holders is baseless and applicable to the petitioner.
- Whether the petitioner is entitled to a writ of mandamus to restore its licence credentials.
- Whether the alleged unauthorized sale beyond permissible limits applies to the petitioner.
- The appropriate forum for appeal of the Mineral Development Officer’s order.
Subjects
- sand storage licence
- mandamus
- arbitrary administrative action
- notice and hearing
- punitive action
- K‑license
- mineral development
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2069 of 2026
======================================================
Raj Construction Village- Pipra Bangla, Mauja Name- Pipra Bangla, Mauja
No- 93, Block- Arwal, P.S.- Arwal, Dist. Arwal through its Proprietory
namely Raj Kumar, (M), aged about- 42 years S/O Nand Kishore Prasad,
resident of Village- Baidrabad, P.O.- Baidrabad, P.S.- Arwal, District- Arwal.
... ... 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 Office-in-Charge, Arwal Police Station, Arwal.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Advocate
: Mr. Manish Kumar, Advocate
For the State : Mr. Standing Counsel (04)
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
Patna High Court CWJC No.2069 of 2026(2) dt.23-04-2026
2/3
blocking/closing the petitioner's I.D. and
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
Patna High Court CWJC No.2069 of 2026(2) dt.23-04-2026
3/3
direction as the petitioner may be found entitled
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. 329
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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