Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court permits the petitioner to challenge the Collector’s order and the fine, allowing the writ petition to proceed.
Summary
Santosh Kumar filed a writ petition challenging an order dated 21-11-2025 passed by the District Magistrate‑Cum‑Collector, Patna, which dismissed his appeal in a mineral confiscation case, and also contesting a fine of Rs 5,42,99,717 imposed under Rule 56 of the Bihar Minerals (Subsidy, Illegal Mining, Transportation and Storage Determination) Rules, 2019 (as amended in 2024) for alleged illegal storage of sand. The petitioner argued that the order and the fine were unlawful and sought their setting aside. The respondents, representing the State of Bihar, did not oppose the petition. The Court, after hearing the parties, allowed the petitioner to challenge the Collector’s order and the fine, effectively permitting the writ petition to proceed. The judgment also noted that any delay in filing the petition would be condoned if the petition is filed within four weeks.
Issues considered
- What is the legality of the District Magistrate‑Cum‑Collector's order dismissing the petitioner's appeal in the mineral confiscation case?
- Whether the fine imposed under Rule 56 of the Bihar Minerals Rules, 2019 (amended 2024) for alleged illegal sand storage is valid and enforceable.
- Whether the writ petition can be entertained despite any alleged delay in filing.
Subjects
- mineral confiscation
- illegal mining
- fine
- Rule 56
- Bihar Minerals Rules 2019
- writ petition
- civil writ jurisdiction
- District Magistrate‑Cum‑Collector
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2667 of 2026
======================================================
Santosh Kumar S/o- Shri Akhilesh Prasad Singh, Resident of Village-
Ekbalganj Nisarpura, Post Office- Ekbalganj Nisarpura, Police Station-
Ranitalab Kanpa, District- Patna.
... ... 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.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Advocate
Mr. Manish Kumar, Advocate
Mr. Pramod Kumar Yadav, Advocate
For the Respondent/s : Mr. Swapnil Kumar Singh, AC to GP-19
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 23-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“(i) For setting aside order dated
21.11.2025 passed by Learned District Magistrate-
Cum- Collector, Patna in Mineral Confiscation
case no-03 of 2025-26 whereby the Appeal filed by
the petitioner has been dismissed.
Patna High Court CWJC No.2667 of 2026(2) dt.23-04-2026
2/3
(ii) For setting aside letter no. 1187/M
dated 26.05.2025 issued by Mineral Development
Officer, Patna whereby, under Rule 56 of Bihar
Minerals (Subsidy, Illegal Mirning, Transportation
and Storage Determination) Rules, 2019 as
amended in 2024, a fine of Rs 5,42,74,717/- (five
crore forty two lakh seventy four thousand seven
hundred seventeen) and a settlement fee of Rs
25,000/- (twenty five thousand rupees) i.e. a total
of Rs 5,42,99,717/- (five crore forty two lakh ninety
nine thousand seven hundred seventeen) has been
imposed on the petitioner for illegal storage of
20384.87 MT more sand than the quantity
mentioned in the stock register and the Appellant
has been directed to ensure payment of the imposed
fine amount to the District Mining Office, Patna
without delay
(iii) 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. After some arguments, learned counsel for the
petitioner submits that he may be allowed to challenge the order
Patna High Court CWJC No.2667 of 2026(2) dt.23-04-2026
3/3
passed by the Collector, Patna in Mineral Confiscation Case No.
03 of 2025-26 (Santosh Kumar vs. The State of Bihar) disposed
of on 21.11.2025.
4. Learned Spl.P.P., Mines has no objection to it.
5. In that background, the writ petition stands
disposed of allowing the petitioner to challenge the said order,
as recorded above.
6. Needless to add, if the petition is filed in next four
weeks, the concerned respondent shall be condoning the delay
in filing the petition as the writ petition was filed and remained
pending till an order is passed today.
(Rajiv Roy, J)
Adnan/-
U
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