Patna High Court
Rana Uday Pratap SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed, but the court permits the petitioner to file an appeal within three weeks, and any limitation objection shall be assessed in light of the prompt filing of the writ.
Summary
The petitioner, Rana Uday Pratap Singh, filed a writ petition challenging several actions of the Bihar mining authorities, including the blocking of his sand storage licence ID and password, a punitive letter alleging unauthorized sand sales, and the cancellation of his licence under a clause linking future mining dues to automatic self‑cancellation. He sought mandamus to quash these actions and to restore his licence rights. The respondents produced a notice and a cancellation memo dated 17‑01‑2026, contending that the order is appealable before the Collector of Arwal. The court, after hearing both sides, noted that the petitioner had promptly filed the writ within the statutory 60‑day period. With the parties’ consent, the court disposed of the writ petition but directed that if the petitioner files an appeal within three weeks before the Collector, the limitation objection should be considered in view of the timely filing.
Issues considered
- Whether the blocking of the petitioner’s ID and password without notice constitutes arbitrary and illegal administrative action.
- Whether the punitive letter dated 07‑10‑2025 alleging unauthorized sand sales is baseless and can be quashed.
- Whether the cancellation memo dated 17‑01‑2026 issued under clause 10 of the licence is valid and enforceable.
- Whether the petitioner’s appeal is barred by limitation or can be entertained given the prompt filing of the writ petition.
Subjects
- sand storage licence
- mandamus
- quashing order
- administrative law
- limitation period
- mining regulations
- appeal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3450 of 2026
======================================================
Rana Uday Pratap Singh Son of Rana Ranvijay Pratap Singh R/o Moh-
Jaiprakash Nagar, Bishunpur Nala, P.O.- Dhanbad, P.S.- Dhanbad, District-
Dhanbad (Jharkhand).
... ... 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, Arwal.
5. The Mineral Development Officer District Mining Office, Arwal.
6. The Mining Inspector, District Mining Office, Arwal.
7. The Officer-in-Charge, Kaler Police Station, Arwal.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Advocate
For the Respondent/s : Mr. Standing Counsel (26)
======================================================
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 their sand Storage Licenses
without any notice or opportunity of hearing.,
Patna High Court CWJC No.3450 of 2026(2) dt.30-04-2026
2/4
(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 quashing order contained in
Memo no. 67 dated 17.01.2026 issued under the
signature of District Mining Officer, Arwal
whereby the Sand Storage License of the petitioner
has been cancelled in terms of clause 10 of License
no-K-Arwal/18/2025 which mentions that "On
Getting information about any mining dues/FIR in
future, Storage license treated as self cancelled"
(iv) 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 them to
carry on lawful business under their valid licenses.
Patna High Court CWJC No.3450 of 2026(2) dt.30-04-2026
3/4
(v) For holding that the alleged ground
of unauthorized sale beyond the permissible limit is
not all applicable in the case of petitioners.
(vi) 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. In this case, a counter-affidavit has been filed on
behalf of the respondent nos. 4 to 6 and learned Spl.P.P., Mines
Department has taken this Court to the Annexure-R/C to show
that a notice was issued to the petitioner, and now, the final
order has been passed by the respondent Mineral Development
Officer, Karwal vide memo no. 67 dated 17.01.2026 cancelling
his license. The further submission is that the order in question
is appealable before the Collector, Arwal.
4. Learned counsel for the petitioner submits that he
was pursing his case before the Patna High Court and as such,
there shall be delay in filing of the appeal.
5. With the consent of the parties, the writ petition
stands disposed of with a direction that if the petitioner files an
appeal within a period of three weeks from today before the
respondent, Collector, Arwal, the limitation petition filed with it
shall be considered in the backdrop of the fact that against the
Patna High Court CWJC No.3450 of 2026(2) dt.30-04-2026
4/4
order dated 17.01.2026, the petitioner promptly filed writ
petition which got registered on 27.02.2026 i.e. within the sixty
days period.
(Rajiv Roy, J)
Adnan/-
U
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