Patna High Court
Md. Umar FarooqueversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The printed penalty order issued without hearing violates natural justice and is quashed.
Summary
Petitioner Md. Umar Farooque was penalised Rs 10,00,000 by the District Mineral Development Officer, Katihar, through a printed order that was issued without any hearing. The High Court held that such an order violated the principles of natural justice and could not be sustained. Consequently, the court quashed the penalty order and all subsequent confiscation proceedings, directing the officer to re‑consider the matter after issuing a proper show‑cause notice and granting a hearing. The court also ordered the release of the JCB machine (CH No. HAR 3DXSSE) upon the petitioner depositing a security of Rs 10,00,000. Additionally, the court noted a settlement with Mahindra & Mahindra Financial Services Ltd, requiring the petitioner to pay the remaining amount and furnish a No‑Objection Certificate, failing which the vehicle would be released to the financier.
Issues considered
- Whether a penalty order passed in a printed format without hearing violates the principles of natural justice
- Whether such an order can be sustained against the petitioner
Subjects
- natural justice
- due process
- penalty
- mining law
- confiscation
- quash
- show-cause notice
- security deposit
- JCB machine
- settlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3757 of 2025
======================================================
Md. Umar Farooque Son of Md. Pesad Ali, Resident of Village- Barida
Rosna, P.S. Amdabad, District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary-cum-Mines Comssioner,
Bihar, Patna.
2. The Managing Director, Bihar State Mining Corporation, Ltd. Bihar, Patna.
3. The Director, Bihar State Minral Development Corporate, Ltd. bihar, Patna.
The Addl. Secretary, Bihar State Minaral Development Corporation, Ltd.
Bihar, Patna.
4. The Divisional Commissioner, Purnea, District- Purnea.
5. The District Magistrate, Katihar.
6. The District Mines Officer, Katihar.
7. The S.H.O., Amdabad, P.S. and District- Katihar.
8. Mahindra and Mahindra Financial Services Ltd, through its Authorized
Officer, Ground Floor, Aditya Complex, Khesra No. 496/493 Mirchaibari,
Katihar, Pin - 854105, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar, Advocate
For the Mines Dept : Mr. Naresh Dikshit, Spl.P.P., Mines
Ms.Shruti Singh, Advocate
For the BSMC ltd. : Mr.Ranjeet Kumar Pandey, Advocate
Mr.Rajest Kumar, Advocate
For the Respondent/s : Mr.Standing Counsel (15)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
9 12-01-2026 Heard the parties.
2. The penalty of Rs. 10,00,000/- has been imposed
against the petitioner by the District Mineral Development
Officer, Katihar without hearing the petitioner and in a printed
format.
3. In my opinion, such kind of printed order is in
Patna High Court CWJC No.3757 of 2025(9) dt.12-01-2026
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complete violation of principles of natural justice and cannot be
sustained, though the learned counsel for the Mining
Department has tried to defend the order.
4. Considering the violation of principles of natural
justice and the fact that the impugned order is in a printed
format, this application is allowed and the impugned order,
along with all subsequent proceedings including confiscation
proceedings, is, hereby quashed.
5. The matter is remitted back to the District Mineral
Development Officer, Katihar for fresh consideration in
accordance with law after issuing an appropriate show-cause
notice and granting due opportunity of hearing to the petitioner.
6. In the meanwhile, the J.C.B. machine bearing CH
No. HAR 3DXSSE should be released in favour of the
petitioner upon depositing a security amount of Rs. 10,00,000/-
(Rupees Ten Lakh Only).
7. Learned counsel for the Mahindra and Mahindra
Financial Services ltd. has submitted that the matter has been
settled between the petitioner and the Mahindra and Mahindra
Financial Services ltd. It has further been submitted that the
petitioner has paid Rs. 1,10,000/- and he is further required to
pay Rs. 1,50,000/- on or before 20.01.2026.
Patna High Court CWJC No.3757 of 2025(9) dt.12-01-2026
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8.On the date of release the petitioner will furnish a
No Objection Certificate (N.O.C.) issued by the Mahindra and
Mahindra Financial Services ltd.
9. If the petitioner fails to get a N.O.C. from
Mahindra and Mahindra Financial Services ltd. then, the vehicle
in question shall be released in favour of Mahindra and
Mahindra Financial Services ltd. on the same terms and
conditions.
(Sandeep Kumar, J)
tusharika/-
U
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