Patna High Court
M/s SP Stone WorksversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The challenged orders are appealable under Rule 67 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019, and the writ petition is dismissed pending an appeal.
Summary
M/s SP Stone Works, a proprietorship firm, filed a writ petition in the Patna High Court seeking certiorari to quash two letters issued by the Mines Development Officer and the District Magistrate of Banka, and to compel a proportional reduction in an auction amount following a reduction in the area and quantity of mineral product. The petitioner alleged that the tender rules were altered after its participation, resulting in unjust enrichment of the respondents. The Mines Department contended that the order under challenge is appealable under Rule 67 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019. The Court examined whether the order could be challenged via a writ or should be pursued through the statutory appeal mechanism. It held that the order is indeed appealable under the specified rule and therefore directed the petitioner to file an appeal and a stay application within four weeks. Consequently, the writ application was disposed without adjudicating the substantive claims.
Issues considered
- Whether the order dated 26.07.2024 issued by the Mines Development Officer and the order dated 05.02.2025 issued by the District Magistrate are appealable under Rule 67 of the Bihar Minerals Rules, 2019.
- Whether the writ petition seeking quashing of the letters and reduction of the auction amount should be entertained, or the matter should be pursued through the statutory appeal process.
Legislation cited
- Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 — s. Rule 67, Rule 67(3)
Subjects
- certiorari
- writ jurisdiction
- mineral concession
- appealability
- auction reduction
- unjust enrichment
- Bihar Minerals Rules
- procedural order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3716 of 2025
======================================================
M/s SP Stone Works a proprietorship firm having its business office at Srikant
Road, Belabagan, Deoghar, Jharkhand through its authorized representative
namely Purushottam Sharan Prashant male aged about 45 years son of Late
Kamala Sharan Singh resident of Srikant Road Belabagan, Mul Niwasi Lane,
Behind Allahabad Bank, P.S. and District- Deoghar, Jharkhand- 814112.
... ... 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. Maria Nazir, Advocate
For the Mines : Mr. Naresh Dikshit, Spl. PP
Ms. Shruti Singh, Advocate
======================================================
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 813/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
110/M dated 05.02.2025 issued by the District
Magistrate, Banka;
Patna High Court CWJC No.3716 of 2025(7) dt.07-07-2026
2/3
(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
Illegal Mining, Transportation & Storage) Rules, 2019.
Patna High Court CWJC No.3716 of 2025(7) dt.07-07-2026
3/3
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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