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Patna High Court

Ranjan Engicon Private LimitedversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court disposed of the writ petition pending the petitioner's representation, without deciding the substantive merits of the challenges.

Summary

Ranjan Engicon Private Limited, through its proprietor, filed a writ petition challenging the Collector of Patna's order dated 08.01.2026 which rejected its application for surrender of a mining settlement (Patna Sone Sand Ghat No. 02) and forfeited a security deposit of Rs. 5.72 crore on alleged erroneous grounds. The petitioner sought certiorari to quash the Collector's order, mandamus directing acceptance of the surrender, refund of the deposit, and a restraining order against royalty demand for the second year. The petitioner was advised to file a representation with the Mines Commissioner within four weeks, accompanied by necessary documents. The court directed that any delay in filing the representation be condoned, noting that the writ petition was pending adjudication. The court indicated that a reasoned order would be passed after the representation is filed. Consequently, the writ petition was disposed of pending the petitioner’s further filing.

Issues considered

  • Whether the Collector's order rejecting the surrender of the mining settlement and forfeiting the security deposit is legally valid.
  • Whether the Mines Commissioner has jurisdiction to entertain the petitioner's representation.
  • Whether a writ of mandamus can be issued directing acceptance of the settlement surrender and refund of the security deposit.
  • Whether the respondents can be restrained from demanding royalty for the second year pending resolution of the petition.

Subjects

  • certiorari
  • mandamus
  • mining settlement
  • security deposit
  • royalty
  • Mines Commissioner
  • Collector
  • writ jurisdiction
  • representation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2793 of 2026
                 ======================================================
                 Ranjan Engicon Private Limited through its Proprietor Sanjay Kumar, Male-
                 aged about 52 years, Son of Kishun Chandra Singh, R/o Mahatama Gandhi
                 Nagar, Kanti Factory Road, Kankarbagh, P.S. Kankarbagh, District- Patna-
                 800020.
                                                                           ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar through the Principal Secretary-cum-Mines
                  Commissioner, Department of Mines and Geology, Govt. of Bihar, Vikas
                  Bhawan, Bailey Road, Patna.
           2.    The Principal Secretary-cum-Mines Commissioner, Department of Mines
                 and Geology, Govt. of Bihar, Vikas Bhawan, Bailey Road, Patna.
           3.    The Director, Mines and Geology Department, Government of Bihar, Vikas
                 Bhawan, Bailey Road, Patna.
           4.    The District Magistrate cum Collector, Patna.
           5.    The District Mining Officer, Patna.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Rajnikant, Advocate
                 For the Respondent/s   :      Mr. Government Pleader (05)
                 ======================================================
                 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. To issue an appropriate writ, order or

                                  direction in the nature of "Certiorari" for quashing

                                  letter no. 105 dated 08.01.2026 issued by the

                                  Respondent        Collector,     Patna     whereby     and

                                  whereunder        petitioner's    application      seeking

                                  surrender of settlement of Patna Sone Sand Ghat No.

                                  02 has been rejected and the security deposit of Rs.
Patna High Court CWJC No.2793 of 2026(2) dt.23-04-2026
                                            2/3




                          5,72,94,675 (Five Crore Seventy Two Lakhs Ninety

                          Four thousand six hundred seventy five only)

                          furnished by the petitioner for settlement of Patna

                          Sone Sand Ghat No. 02 has been forfeited on

                          completely erroneous grounds.

                                        II. To issue further appropriate writ order

                          or direction in the nature of mandamus commanding

                          the Respondents to accept the surrender of the

                          settlement of Patna Sone Sand Ghat No. 02 by the

                          petitioner.

                                        III. To issue further appropriate writ order

                          or direction in the nature of mandamus commanding

                          the Respondents to forthwith refund the security

                          deposit of Rs. 5,72,94,675 (Five Crore Seventy Two

                          Lakhs Ninety Four thousand six hundred seventy five

                          only) deposited by the petitioner for obtaining the

                          settlement of Patna Sone Sand Ghat No. 02.

                                        IV. During pendency of writ petition the

                          respondents should be restrained from demanding

                          and recovering the royalty pertaining to second year

                          for the settlement of Patna Sone Sand Ghat No. 02

                          from the petitioner.

                                        V. To grant any other relief or reliefs
          Patna High Court CWJC No.2793 of 2026(2) dt.23-04-2026
                                                      3/3




                                    which the petitioner may be found entitled to in the

                                    facts and circumstances of the instant case.”

                                3. At the outset, learned counsel for the petitioner

                    submits that an order has been passed by the Collector, Patna vide

                    memo no. 105 dated 08.01.2026 (Annexure P/6 to the petition) and

                    the remedy lies before the Mines Commissioner, Department of

                    Mines and Geology, Bihar, Patna.

                                4. At this stage, learned counsel for the petitioner

                    submits that he shall be preferring a representation in next four

                    weeks alongwith all the necessary documents.

                                5. If such petition is filed in next four weeks, the

                    respondent shall see to it that any delay in filing the petition be

                    condoned inasmuch as the writ petition was pending adjudication

                    by this Court.

                                6. It is expected that a reasoned order will be passed at

                    an earliest.

                                7. The writ petition stands disposed of with the

                    aforesaid observation.



                                                  (Rajiv Roy, J)
Adnan/-

U


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