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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