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Patna High Court

Virendra Yadav @ Birendra YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

A penalty imposed without a show‑cause notice and hearing violates the principles of natural justice and must be quashed.

Summary

The petitioner, Virendra Yadav, challenged a penalty of Rs.8,96,281 imposed by the Mineral Development Officer, Nawada, via a letter dated 03.09.2025, alleging that no show‑cause notice or hearing was afforded. The Court noted that prior directives had warned mining authorities against imposing penalties without granting a hearing, and found that the impugned order violated the principles of natural justice. Consequently, the penalty was quashed and the matter remitted to the Mineral Development Officer for fresh consideration. The Court also ordered the release of the petitioner’s seized truck, subject to a security of Rs.15 lakhs and other conditions, citing Supreme Court precedent. The application for relief was allowed, and the petitioner was granted liberty to raise further grounds before the respondents.

Issues considered

  • Whether a penalty imposed by the mining authority without a show‑cause notice and hearing violates the principles of natural justice.
  • Whether the seizure of the petitioner’s vehicle should be continued pending further proceedings.

Subjects

  • natural justice
  • penalty
  • show‑cause notice
  • hearing
  • writ jurisdiction
  • interim relief
  • vehicle seizure
  • Mines and Geology Department

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.213 of 2026
                 ======================================================
                 Virendra Yadav @ Birendra Yadav son of Madho Yadav Resident of village-
                 Chainpur, Police Station- Domchanch, District-Koderma (Jharkhand)

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna
           2.    The Director, Mines and Geology Department, Government of Bihar, Patna.
           3.    The District Magistrate, Nawada, Bihar
           4.    The Superintendent of Police, Nawada, Bihar
           5.    The Mines Inspector Mines and Geology Department, Nawada. Bihar
           6.    The Mineral Development Officer Mines and Geology Department,
                 Nawada. Bihar.
           7.    The SHO Rajauli police station, Nawada. Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Deepak Kumar, Advocate
                 For the Mines Dept     :      Mr. Naresh Dikshit, Spl.P.P., Mines
                                               Ms.Shruti Singh, Advocate
                 For the Respondent/s   :      Mr.Government Pleader (26)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   02-02-2026                    Heard learned counsel for the petitioner, learned

                   counsel for the State and learned counsel for the Mining

                   Department.

                                2. Learned counsel for the petitioner submits that

                   from the letter no. 03.09.2025 issued by the Mineral

                   Development Officer, Nawada, he has imposed a penalty of Rs.

                   8,96,281/- on the petitioner.

                                3. Learned counsel for the petitioner submits that this

                   penalty has been imposed without issuing any show-cause and
Patna High Court CWJC No.213 of 2026(2) dt.02-02-2026
                                            2/3




          without hearing the petitioner.

                      4. This Court has been regularly directing the Mining

          authorities to not impose penalty without giving proper

          opportunity of hearing to the parties, but it appears that the

          officers do not go through the orders passed by this Court and

          are not following the law.

                      5. In these circumstances, I am of the view that the

          impugned order which has been passed in complete violation of

          principle of natural justice cannot be sustained and the penalty of Rs.

          8,96,281/- imposed by the authorities vide letter dated 03.09.2025, is

          hereby quashed and the matter is remitted back to the Mineral

          Development Officer, Nawada.

                      6. Since no fruitful purpose will be served in keeping

          the vehicle seized, therefore, considering the law laid down by the

          Hon’ble Supreme Court in the case of Sunderbhai Ambalal Desai

          vs. State of Gujrat reported as 2002 (10) SCC 283, during

          pendency of the matter before the concerned authority, the truck

          bearing Registration No. JH12J0092 and shall be released in

          favour of the petitioner by way of interim relief with the following

          conditions:

                                    (i) The petitioner shall furnish a security of Rs. 15
                       lakhs (not bank guarantee or fixed deposit) before the
                       concerned/ competent authority before whom the confiscation
                       proceeding is pending.
                                    (ii) The petitioner shall furnish all the necessary
              Patna High Court CWJC No.213 of 2026(2) dt.02-02-2026
                                                          3/3




                                     papers/documents       of    ownership   before   the   concerned
                                     competent authority.
                                                  (iii) The petitioner shall undertake, in writing, that
                                     the vehicle, in question, shall neither be alienated nor be
                                     transferred in favour of any third party during the pendency of
                                     the proceeding and that the vehicles, in question, shall be
                                     produced as and when called upon or required in the
                                     proceeding or otherwise.
                                                  (iv). If any jurisdictional objection is taken by the
                                     petitioner that shall also be considered by the authority
                                     concerned. The petitioner will also co-operate with the
                                     authorities till disposal.


                                    7. The petitioner is given liberty to raise all the

                        grounds of the writ petition before the respondent authorities

                        and all these grounds shall be considered after hearing the

                        petitioner and a detailed order shall be passed.

                                    8. This application stands allowed.



                                                  (Sandeep Kumar, J)
tusharika/-

U


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