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Patna High Court

M/s Shree Ganesh Medical AgencyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The order challenged is appealable under Rule 67 of the Bihar Minerals Rules, 2019, and the writ petition is disposed of pending an appeal.

Summary

The petitioner, Shree Ganesh Medical Agency, filed a writ petition seeking quashing of two letters issued by the Mines Development Officer and the District Magistrate, Banka, and a reduction in the auction amount due to reduced area and quantity of product. The Mines Department argued that the order under challenge is appealable under Rule 67 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019. The High Court held that the order is indeed appealable and directed the petitioner to file an appeal and, if desired, an application for a stay within four weeks. The Court further instructed that any appeal must be decided by the competent appellate authority with a reasoned order after hearing all stakeholders. Consequently, the writ application was disposed of without addressing the substantive merits.

Issues considered

  • The applicability of Rule 67 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 to the order challenged.
  • Whether the writ petition seeking quashing of the letters and reduction of auction amount should be entertained on merits.

Legislation cited

Subjects

  • certiorari
  • writ jurisdiction
  • auction reduction
  • tender notice
  • appealability
  • Bihar Minerals Rules
  • illegal mining
  • unjust enrichment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3305 of 2025
                 ======================================================
                 M/s Shree Ganesh Medical Agency a proprietorship firm having its business
                 office at 3B, 22-23 Sukhadiya Nagar, Sriganganagar, Rajasthan- 335501
                 through its authorized representatvie namely Kalu Singh male aged about 24
                 years son of Gopal Singh resident of ward number 01, Deenwa, P.O. and P.S.-
                 Mandawa, District- Jhunjhunun, Rajasthan- 333704.

                                                                                  ... ... Petitioner/s
                                                        Versus

           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The District Magistrate, Banka.
           3.    The Mines Development Officer, Banka.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :         Mr. Gautam Kumar Kejriwal, Advocate
                 For the Mines           :         Mr. Naresh Dikshit, Spl. PP
                                                   Ms. Shruti Singh, Advocate
                 For the State           :         Mr. Gyan Prakash Ojha, GA-7
                                                   Mr. Manoj Kumar Ambastha, SC-25
                                                   Mr. Santosh Kumar Mishra, AC to SC-25
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

7   07-07-2026                    Heard learned counsel for the parties.

                                 2. Following is the relief sought for in the present writ

                   application:-

                                                          “(a) For issuance of a writ or order or a
                                             direction in the nature of certiorari for quashing of
                                             the letter bearing reference number 810/M dated
                                             26.07.2024    issued   by   the   respondent    Mines
                                             Development Officer, Banka;
                                                          (b) For further issuance of a writ or
                                             order or a direction in the nature of certiorari for
                                             quashing of the letter bearing reference number
Patna High Court CWJC No.3305 of 2025(7) dt.07-07-2026
                                            2/3




                                  109/M dated 05.02.2025 issued by the District
                                  Magistrate, Banka;
                                               (c) For further issuance of a writ or
                                  order or a direction upon the respondent the District
                                  Magistrate, Banka to proportionately reduce the
                                  auction amount in light of reduction in the area and
                                  quantity of product auctioned in terms of the tender
                                  document so as to ensure balancing of interest of
                                  both the petitioner and the respondents;
                                               (d) For further issuance of a writ or
                                  order or a direction restraining the respondents in
                                  terms of the notice inviting tender from compelling
                                  the petitioner to observe and comply with further
                                  terms and conditions of the tender notice in view of
                                  the decision of the respondent the District
                                  Magistrate, Banka whereby the rules of the tender
                                  have been changed after participation of the
                                  petitioner which is impermissible in law;
                                               (e)   For    further    holding    and    a
                                  declaration that the denial of proportionate
                                  reduction in the auction amount in spite of reduction
                                  in the area and quantity of product to which the
                                  petitioner was entitled in terms of the tender notice
                                  and other details stated therein constitutes a case of
                                  unjust enrichment of the respondents and the state
                                  government which is impermissible in law;
                                               (f) For grant of any other relief or reliefs
                                  to which the petitioner is found entitled in the facts
                                  and circumstances of this case.”


                      3. Mr. Naresh Dikshit, learned counsel for the Mines

          Department submits that the order under challenge is appealable

          under Rule 67 of the Bihar Minerals (Concession, Prevention of
           Patna High Court CWJC No.3305 of 2025(7) dt.07-07-2026
                                                       3/3




                     Illegal Mining, Transportation & Storage) Rules, 2019.

                                 4. In view of the aforesaid submission, the petitioner

                     is directed to prefer an appeal along with the application for stay

                     of the order under challenge within a period of four weeks from

                     the date of receipt/production of this order.

                                 5. In the event any such appeal is preferred, the

                     competent appellate authority shall consider and dispose of the

                     same by passing a reasoned order in accordance with law after

                     affording due opportunity of hearing to all the stakeholders

                     within the statutory period as provided under Rule 67 (3).

                                 6. In the event any application for stay is also filed

                     along with the appeal, the authority shall consider the same and

                     pass an appropriate order.

                                 7. With the aforesaid observation, the present

                     application stands disposed of.

                                 8. Pending application(s), if any, shall also stand

                     disposed of.



                                                 (Sudhir Singh, J)


                                             (Ranjan Kumar Jha, J)
Sachin/-

U


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