Patna High Court
Kunal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Director of Mines and Geology must obtain a ground report from the Collector and pass a reasoned order after hearing all parties before allowing sand excavation at Maura Sand Ghat.
Summary
The petitioner, Kunal Kumar, filed a writ petition seeking a mandamus to restrain sand excavation at Maura Sand Ghat in Jamui, alleging that the mining harms the waterbody and local farmers. The Collector had earlier highlighted these concerns, but the Mines and Geology Department settled the sand ghat with respondent No.5 and issued a work order. The court observed that the settlement should be reviewed by the Director of Mines and Geology, who must hear all parties, obtain a ground report from the Collector, and pass a reasoned order. The court directed the Director to procure the report and decide the matter promptly. Consequently, the petition was disposed of without granting the reliefs sought.
Issues considered
- Whether the court can issue a writ of mandamus directing the respondents to halt sand excavation pending a hearing.
- Whether the settlement of the sand ghat with respondent No.5 is valid in view of environmental and farmers' interests under the Mines and Minerals (Development and Regulation) Act, 1957.
- Whether the Director of Mines and Geology must consider representations and a ground report before authorising sand mining.
Legislation cited
Subjects
- sand mining
- environmental protection
- mandamus
- waterbody
- farmers' rights
- Mines and Minerals Act
- public interest litigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2617 of 2026
======================================================
Kunal Kumar Son of Pravin Kumar @ Pravin Kumar Singh Resident of
village- Dhob Ghat, P.O.- Gidhaur, Police Station- Khaira, District- Jamui.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Mines and Geology
Department, Bihar, Patna.
2. The Director, Mines and Geology Department, Bihar, Patna.
3. The District Magistrate-cum-Collector, Jamui.
4. The District Mining Officer, Jamui.
5. Gagan Kumar, Son of name not known, Resident of village- Sikandra,
Police Station and District- Jamui.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Prasad Singh, Senior Advocate
Mr. Varun Krishna Singh, Advocate
For the Respondent/s : Mr. Addl. Advocate General (04)
For the Mines : Mr. Naresh Dikshit, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 23-04-2026 Heard Learned Senior counsel for the petitioner,
learned counsel for the Mines Department beside the State.
2. The present petition has been preferred for the
following relief(s):
“A. For issuance of a writ in the nature
of mandamus directing the respondents not to
excavate Sand from Maura Sand Ghat (River
Barnal) situated at Gram Panchayat, Maura,
Block-Gidhaur within the district of Jamui which
has been settled in favour of Respondent No.5 with
Patna High Court CWJC No.2617 of 2026(2) dt.23-04-2026
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work order effected from 31.12.2025 as the same is
against the interest of waterbody as well as
farmers of the locality.
B. For restraining the respondent No.5
from excavation of the Sand from the Maura Sand
Ghat, Gidhaur, Jamui in violation of the terms and
conditions stipulated under the tendered document
as well as in violation of the Mines and Minerals
(Development and Regulation) Act, 1957 and
Rules, 2017 framed under the Act.
C. For direction to the respondents to
consider and decide the representation filed by the
petitioner and other villagers including farmers of
the locality ventilating their grievances in this
regard.
D. For grant any other relief/reliefs for
which the petitioner is legally entitled in the facts
and circumstances of the case.”
3. Despite the fact that the Collector, Jamui made
correspondence with the Director, Mines and Minerals
Department, Bihar, Patna vide memo no. 419 dated 07.06.2018
highlighting the issue of the locals that sand mining (Maura
Patna High Court CWJC No.2617 of 2026(2) dt.23-04-2026
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Sand Ghat in the district of Jamui) will affect the movement of
the water/farmers, the concerned department has once again
settled the said Ghat with respondent no. 5.
4. Learned counsel for the Mines Department submits
that as the admitted fact is that the Ghat has been settled with
respondent no. 5, it would be appropriate that the petitioner
move before the Director, Mines and Geology Department
(respondent no. 2) who shall be hearing all the parties including
the District Officials/Collector, Jamui and/or his/her
representative and the respondent no. 5 before taking a decision.
5. The learned Spl.P.P. Mines has made a valid and
just point, the local officials as also the respondent no. 5 in
whose favour the land has been settled have to be noticed, and
thereafter, a decision has to be taken.
6. This Court is further of the opinion that the
Director Mines and Geology Department, Bihar, Patna must get
a ground report from the Collector, Jamui in the matter before
taking a decision and a reasoned order has to be passed at an
earliest.
7. Learned State counsel submits that a letter will also
sent to the office of the Collector, Jamui to take cognizance of
the matter and if required, to submit a detailed inquiry report to
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be presented before the Director, Mines and Geology
Department, Bihar, Patna.
8. The writ petition stands disposed of with the
aforesaid observation.
(Rajiv Roy, J)
Adnan/-
U
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