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Patna High Court

Md. Umar FarooqueversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                            2/3




          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
                                                          3/3




                                    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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