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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court declined to grant the writs and directed the Secretary, Department of Mines and Geology, Bihar, to consider the petitioner’s detailed representation, maintaining interim relief until a decision is rendered.

Summary

Manish Kumar filed a writ petition seeking mandamus to quash the blocking of his sand storage licence ID and password, to set aside a letter directing punitive action against K‑license holders, and to restore his ability to conduct business. The petition alleged that the actions were arbitrary, lacked notice, and were based on false premises as no sand stock existed at his site. The Patna High Court held that the appropriate authority to decide the matter is the Secretary of the Department of Mines and Geology, Bihar, and directed the petitioner to file a detailed representation with supporting documents. The court ordered that a reasoned decision be issued within three months and that the interim protection granted earlier remain in force. Consequently, the writ petition was disposed pending the Secretary’s decision.

Issues considered

  • Whether the blocking of the petitioner’s ID and password without notice constitutes an arbitrary and illegal action violating natural justice.
  • Whether the letter No. 5645 directing punitive action against K‑license holders is false, baseless, and liable to be quashed.
  • Whether a writ of mandamus can be issued to restore the petitioner’s ID and password and allow him to continue his licensed sand storage business.
  • Whether the alleged unauthorized sale beyond permissible limits applies to the petitioner.

Subjects

  • sand mining
  • license
  • writ of mandamus
  • natural justice
  • punitive action
  • unauthorized sale
  • interim relief
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.267 of 2026
                 ======================================================
                 Manish Kumar Son of Lal Babu Yadav, R/o- Village- Dhana Nisharpura, P.O.-
                 Kab, P.S.- Rani Talab, 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.
           7.    The Officer-in-Charge, Rani Talab Police Station, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prashant Kumar, Advocate
                 For the State            :        Mr. Standing Counsel (21)
                 For the Mines Dept.      :        Mr. Naresh Dikshit, Spl. PP Mines
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   26-03-2026                   Heard the parties.

                                2. The present petition has been preferred for the

                   grant of following relief(s):

                                              “(i) for issuance of a writ in the nature of

                                        Mandamus for quashing the arbitrary and illegal

                                        action    of    the    respondent       authorities    in

                                        blocking/closing      the    petitioner's      I.D.   and

                                        password appertaining to its sand Storage

                                        License without any notice opportunity of
Patna High Court CWJC No.267 of 2026(3) dt.26-03-2026
                                            2/3




                             hearing.

                                         (ii) for quashing the letter no. 5645

                             dated 07.10.2025, so far as it relates to the

                             petitioner, by which a direction has been issued

                             to take punitive action against all K-license

                             holders for alleged ground of unauthorized sale

                             beyond the permissible limit is false, baseless,

                             and without evidentiary support, especially when

                             no stock of sand existed at the petitioner's site at

                             the relevant time.

                                         (iii) for issuance of a writ in the nature

                             of mandamus, commanding and directing the

                             respondent authorities to immediately restore the

                             petitioner's I.D and password and allow him to

                             carry on lawful business under his valid license.

                                         (iv) for holding that the alleged ground

                             of unauthorized sale beyond the permissible limit

                             is not all applicable in the case of petitioner.

                                         (v) 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.”
            Patna High Court CWJC No.267 of 2026(3) dt.26-03-2026
                                                        3/3




                                  3. This Court is of the opinion that it would be

                      appropriate that the respondent no.2, the Secretary, Department

                      of Mines and Geology, Bihar, Patna takes a decision.

                                  4. The      petitioner      will   be   filing   a   detailed

                      representation alongwith all the supporting documents and

                      he/she shall be duty bound to pass a reasoned order in next three

                      months.

                                  5. Till the decision comes from the aforesaid

                      respondent no.2, the interim protection granted on 02.02.2026

                      by the coordinate Bench to continue.

                                  6. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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