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Patna High Court

M/s- Ganesh Int UdyogversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must first file a fresh representation with a No‑Dues undertaking, after which the District Mining Officer is bound to decide within a stipulated period.

Summary

The petitioner, Saurav Kumar of M/s Ganesh Int Udyog, filed a writ petition seeking a mandamus directing the State authorities to accept the surrender of his mining licence dated 16-04-2024. He alleged that anti‑social elements had entered the premises and that there were no outstanding dues. The Special Public Prosecutor for the Mines Department suggested that the petitioner file a fresh affidavit accompanied by a No‑Dues certificate before the District Mining Officer could decide. The Court noted that a representation had already been sent to the District Mining Officer on 01-12-2025 but no decision had been taken. Accordingly, the Court disposed of the petition, directing the petitioner to submit a fresh representation with a No‑Dues undertaking within three weeks, after which the District Mining Officer must decide within four weeks. No mandamus was issued; the matter was left to the administrative process.

Issues considered

  • Whether the High Court can issue a mandamus directing the acceptance of surrender of a mining licence without a fresh affidavit and No‑Dues certificate.
  • Whether the petitioner must first make a fresh representation before the District Mining Officer can decide on the surrender.

Subjects

  • mandamus
  • mining licence surrender
  • No‑Dues certificate
  • writ jurisdiction
  • District Mining Officer
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2426 of 2026
                 ======================================================
                 The Proprietor of M/s- Ganesh Int Udyog Saurav Kumar, aged about 27
                 years, S/o- Ramnath Singh, R/o- Village- Mirnagar, P.S.- Sarmera, District-
                 Nalanda.

                                                                                 ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the District Magistrate, Nalanda.
           2.    The District Magistrate, Nalanda.
           3.    The Director, Directorate of Mining and geological Department,
                 Government of Bihar, Patna, Bahadurpur, Housing Colony 7HF, 6-20, Block
                 No.-6, Sector-7, House No.-20 Patna 800026.
           4.    The District Mining Officer, Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pankaj Kumar, Advocate
                                          :        Mr. Niranjan Kumar, Advocate
                 For the State            :        Mr. Government Pleader (17)
                 For the Mines Dept.      :        Mr. Naresh Dikshit, Spl. PP Mines
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   23-04-2026                     Heard Mr. Pankaj Kumar, learned counsel for the

                   petitioner and Mr. Naresh Dikshit, learned Spl. PP Mines

                   Department beside learned State counsel.

                                 2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) for issuance of an appropriate in the

                                        nature    of   MANDAMUS            commanding         and

                                        directing the Respondent authority to accept the

                                        surrendering of license of M/s Ganesh Int Udyog

                                        issued in favour of Petitioner, Because Petitioner
Patna High Court CWJC No.2426 of 2026(2) dt.23-04-2026
                                            2/3




                             does not want to run the Udyog/inclusively

                             rather he wants to close the same and for which

                             petitioner has already represented on time

                             without number.

                                         (ii)     further   for   issuance   of   an

                             appropriate any other Writ/Writs, Order/Orders,

                             Direction/Directions for which petitioner shall

                             be found entitled.”


                      3. The petitioner has come up with a simple prayer: to

          direct the respondents to accept his surrender certificate with

          respect to license granted earlier as M/s Ganesh Int Udyog on

          16.04.2024 (P/1 to the petition). The contention is that anti-

          social elements have entered in the said premises and fed up

          with the attitude, he want to surrender the certificate/license and

          it has further been recorded that there is no dues against.

                      4. Learned Spl. PP Mines Department submits that the

          petitioner be asked to file a fresh affidavit alongwith ‘No-Dues’

          certificate so that the District Mining Officer, Nalanda can take

          a decision.

                      5. This Court has taken note of the fact that on

          01.12.2025 itself, a representation addressed to the District

          Mining Officer, Nalanda was sent by the petitioner. We are in
            Patna High Court CWJC No.2426 of 2026(2) dt.23-04-2026
                                                        3/3




                      the month of April, 2026 and still no decision has been taken by

                      him/her/the concerned official.

                                  6. In that background, the writ petition is disposed of

                      allowing the petitioner to file a fresh representation alongwith

                      the undertaking that there is ‘No Dues’ pennding against the

                      said installation and if it is filed in next three weeks, the District

                      Mining Officer, Nalanda shall be duty bound to take decision in

                      the matter within next four weeks.



                                                    (Rajiv Roy, J)
vinayak/-

U


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