Patna High Court
Suraj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition was disposed of, with the court directing the Mineral Development Officer to proceed with the pending show‑cause proceedings already on record.
Summary
Suraj Kumar Singh, holder of a sand storage licence, filed a writ petition alleging that the Department of Mines and Geology arbitrarily blocked his user ID and password and issued a punitive letter (No. 5645 dated 07.10.2025) accusing him of unauthorized sand sales. He sought mandamus to quash the blocking, to set aside the punitive letter, and to restore his access. The respondents produced a counter‑affidavit showing that a show‑cause notice (Letter No. 2391 dated 24.11.2025) had been issued, to which the petitioner had replied on 06.02.2026. The court, with the parties’ consent, held that the show‑cause proceedings were already underway and directed the Mineral Development Officer to continue the matter, thereby disposing of the writ petition without granting the reliefs sought.
Issues considered
- What is the legality of the respondent authorities blocking the petitioner’s ID and password without prior notice?
- Whether the punitive letter No. 5645 dated 07.10.2025, alleging unauthorized sand sales, can be quashed for lack of evidentiary support.
- Whether the ground of unauthorized sale beyond permissible limits applies to the petitioner.
- Whether the petitioner was denied a fair opportunity of hearing in violation of procedural law.
Subjects
- sand storage licence
- mandamus
- show‑cause notice
- procedural fairness
- mining law
- unauthorised sale
- administrative action
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2088 of 2026
======================================================
Suraj Kumar Singh Son of Vijay Kumar Singh, R/o Village-New Karman
Tola, P.O.-Nawada, P.S.-Nawada, District-Bhojpur.
... ... 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, Patna.
5. The Mineral Development Officer, District Mining Office, Patna.
6. The Mining Inspector, District Mining Office, Patna.
7. The Officer in Charge, Bikram Police Station, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Advocate
Mr. Manish Kumar, Advocate
For the Respondent/s : Mr. Ramadhar Singh, GP-25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 30-04-2026 Heard Mr. Prashant Kumar, learned counsel for the
petitioner and Mr. Naresh Dikshit, learned Spl.P.P. Mines.
2. The present petition has been preferred for the
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 password
appertaining to its sand Storage License without
any notice or opportunity of hearing.
Patna High Court CWJC No.2088 of 2026(2) dt.30-04-2026
2/3
(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 to
in the facts and circumstances of the instant case.”
3. A counter-affidavit has come on behalf of the
respondent nos. 1 to 6 duly signed by the Mineral Development
Officer, District Mining Office, Patna which shows that a notice
has been issued by the Mineral Development Commissioner vide
Patna High Court CWJC No.2088 of 2026(2) dt.30-04-2026
3/3
letter no. 2391 dated 24.11.2025 directing the petitioner to submit
show cause as to why the license granted to him be not cancelled
(Annexure-R/C to the petition).
4. Learned Spl.P.P., Mines Department submits that he
ought to have submitted his reply.
5. Learned counsel for the petitioner submits that the
show cause has already been filed on 06.02.2026 before the
respondent, Mineral Development Officer, District Mining
Office, Patna (Annexure P/5 series to the reply to the counter-
affidavit).
6. In that background, with the consent of the parties,
the writ petition stands disposed of with a direction to the
respondent no. 5, Mineral Development Officer, District Mining
Office, Patna to take the matter to its logical conclusion as
pursuant to the notice issued by him/her, a show-cause is already
on record before the said respondent.
(Rajiv Roy, J)
Adnan/-
U
Checking your session…