Patna High Court
M/s- Ganesh Int UdyogversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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