Patna High Court
Uttam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the writ petition could not be entertained until the petitioner appears before the Mineral Development Officer and submits a reply or show‑cause, and the matter should be taken to its logical conclusion.
Summary
The petitioner, Uttam Kumar, sought a writ of mandamus to quash the blocking of his sand storage licence ID and password, to set aside a punitive letter alleging unauthorized sand sales, and to restore his ability to conduct business. He claimed the actions were taken without notice or hearing and were baseless. The respondents, representing the State of Bihar's Mines Department, argued that the petitioner should first appear before the Mineral Development Officer and submit a reply or show-cause. The Court, with the parties' consent, dismissed the writ petition and directed the petitioner to appear before the Mineral Development Officer and the respondents to proceed with the matter to its logical conclusion. No substantive adjudication on the merits of the alleged unauthorized sales or the legality of the ID blockage was made.
Issues considered
- Whether the blocking of the petitioner’s ID and password without notice constitutes arbitrary and illegal action warranting mandamus.
- Whether the punitive letter dated 07.10.2025 directing action against K‑license holders is false, baseless, and unsupported by evidence.
- Whether a writ of mandamus can be issued to restore the petitioner’s ID and password and allow continuation of business.
- Whether the ground of unauthorized sale beyond permissible limits applies to the petitioner.
Subjects
- mandamus
- writ petition
- sand storage licence
- arbitrary administrative action
- Mineral Development Officer
- punitive action
- unauthorized sale
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2908 of 2026
======================================================
Uttam Kumar Son of Yogendra Yadav, R/o Village- Saidabad, P.O- Saidabad,
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, Bikram Police Station, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Advocate
Mr. Manish Kumar, Advocate
For the Respondent/s : Mr. Madan Mohan, AC to SC-05
For the Mines : Mr. Naresh Dikshit, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 30-04-2026 Heard the parties.
2. The present petition has been preferred for the
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 or opportunity of hearing.
Patna High Court CWJC No.2908 of 2026(2) dt.30-04-2026
2/3
(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.”
3. At the outset, learned Spl.P.P., Mines Department
submits that the petitioners should appear before the Mineral
Patna High Court CWJC No.2908 of 2026(2) dt.30-04-2026
3/3
Development Officer, District Mining Office, Patna (respondent
no. 5) alongwith his reply/show-cause, if the notice has been
received by him so that the matter is taken to its logical
conclusion.
4. In that background, with the consent of the parties,
the writ petition stands disposed of with a direction to the
petitioner to appear before the Mineral Development Officer,
District Mining Office, Patna (respondent no. 5) alongwith his
reply/show-cause and the concerned respondent is duty bound to
take the matter to its logical conclusion at an earliest.
(Rajiv Roy, J)
Adnan/-
U
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