Patna High Court
M/S Vridhi Infratech India Pvt. Ltd.versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the petitioner must first file a show‑cause notice and the authority is required to pass a reasoned order within three months, rendering the writ of certiorari unnecessary at this stage.
Summary
The petitioner, M/s Vridhi Infratech India Pvt. Ltd., challenged a letter dated 03-02-2026 issued by the Mining Development Officer, Nawada, which directed it to deposit Rs.10,64,375 under Section 56(2) of the Bihar Mining (Concession Prevention of Illegal Mining Transportation & Storage) Rules, 2019. The petitioner sought a writ of certiorari to quash the letter and to declare its sand storage lawful under a government contract. The court examined whether the authority had acted within its statutory powers and whether the petitioner was required to deposit the amount before a show‑cause notice. The court held that the petitioner should first file a show‑cause notice, after which the authority must pass a reasoned order within three months. Accordingly, the writ petition was disposed of with directions to the petitioner to submit a show‑cause notice within four weeks and for the authority to decide thereafter.
Issues considered
- What is the jurisdiction of the Mining Development Officer, Nawada, to direct the petitioner to deposit Rs.10,64,375 under Section 56(2) of the Bihar Mining Rules?
- Whether the petitioner is entitled to a writ of certiorari to quash the letter and declare its sand storage lawful?
- Whether the petitioner must deposit the amount before filing a show‑cause notice?
Subjects
- certiorari
- mining concession
- illegal mining
- show cause notice
- Section 56(2)
- Bihar Mining Rules
- writ jurisdiction
- deposit order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3111 of 2026
======================================================
M/S Vridhi Infratech India Pvt. Ltd. Having its Registered Office of Plot No. -
295, Surabhi Complex, Road No. - 7, Kakatiyar Hills, Madhapur, Hyderabad-
500081 through Mr. Anne Sandeep, aged about 38 years, (Male) Son of Sri
Anne Sai Babu, Resident of Village- 13-157/1 Near Vankateshwer Swami
Temple, Gannauaran P.S- Gannavaran, District - Krishna (Andhra Pradesh).
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Mining
Department, Govt. of Bihar, Patna.
2. The District Mining Officer, Nawada.
3. The Mining Development Officer Nawada.
4. Bihar State Road Development Corporation Ltd, Patna through its General
Manager(Tech.) Flat No.- 313/314, Kamla Kaveri Block, Adarsh City
Society Karna Bela, Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the State : Mr. K.P. Gupta, GP-10
: Ms. Deepanjali Gupta, AC to GP-10
For the Mines Dept. : Mr. Naresh Dikshit, Spl. PP Mines
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 30-04-2026 Heard Mr. Sheo Kumar Prasad and Mr. Alok Kumar
Jha, learned counsels for the petitioner and Mr. Naresh Dikshit,
learned Spl. PP Mines beside learned State counsel.
2. The present petition has been preferred for the
grant of following relief(s):
“for issuance of an appropriate writ/writs or
order/orders in the Nature of Certiorari for
Patna High Court CWJC No.3111 of 2026(2) dt.30-04-2026
2/3
quashing the Letter No.-324/Mining dated 03-
02-2026 issued under the signature of
respondent no.-3 whereby and where under the
respondent no.-3 has directed the petitioner to
deposit Rs.10,64,375/- which is recoverable U/S-
56(2) of the Bihar Mining (Concession
Prevention of illegal Mining Transportation &
Storage) Rule 2019, and declare that storage of
sand by the petitioner lawful and in accordance
with govt. contract and further for my other
relief or reliefs for which the petitioner is
entitled in the facts and circumstances of this
case.”
3. After some argument, learned counsel for the
petitioner submits that he shall be approaching the respondent
no.3, the Mineral Development Officer, Nawada and shall also
be show cause pursuant to the letter no.324 dated 03.02.2026
(Annexure-P/3 to the petition) and the submission is that it may
be taken to its logical conclusion at an earliest.
4. Learned Spl. PP Mines submits that if the show
cause is filed, the matter will be expedited and the case shall be
disposed of.
Patna High Court CWJC No.3111 of 2026(2) dt.30-04-2026
3/3
5. In that background, the writ petition is disposed of
allowing the petitioner to submit show cause in next four weeks
and the concerned authority is duty bound to pass a reasoned
order thereafter preferably within a period of three months.
(Rajiv Roy, J)
vinayak/-
U
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