Patna High Court
Eco Tech Coal Industries Private LimitedversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The orders issued by the Mines Development Officer and the District Magistrate are appealable under Rule 67 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.
Summary
Eco Tech Coal Industries Pvt. Ltd. filed a writ petition seeking certiorari to quash two letters issued by the Mines Development Officer and the District Magistrate, Banka, and to compel a proportional reduction in the auction amount for mineral rights, alleging unjust enrichment. The Mines Department contended that the impugned orders are appealable under Rule 67 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019. The Court examined whether the orders fall within the ambit of the statutory appeal provision. It held that the letters are indeed appealable under the said rule and directed the petitioner to file an appeal and a stay application within four weeks. Consequently, the writ application was disposed of, with the Court ordering the petitioner to pursue the statutory remedy.
Issues considered
- Whether the letters dated 26.07.2024 and 05.02.2025 issued by the Mines Development Officer and the District Magistrate, respectively, are subject to judicial review via certiorari.
- Whether the orders are appealable under Rule 67 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.
Legislation cited
Subjects
- certiorari
- writ jurisdiction
- mineral concession
- auction reduction
- unjust enrichment
- appealability
- Rule 67
- Bihar Minerals Rules
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3844 of 2025
======================================================
Eco Tech Coal Industries Private Limited a registered Company having its
registered office at Opposite Goel Ice Factory, Diamond Cinema Road,
Rampur, Uttar Pradesh- 244901 through its authorized representative namely
Rakesh Kumar, Male, aged about 41 years, Son of Rishideo Upadhyay,
resident of Champaran Niwas, Nandagwn, Near Devi Asthan, P.S.- Shastri
Nagar, District- Patna, Bihar- 800023.
... ... 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 811/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.3844 of 2025(7) dt.07-07-2026
2/3
107/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.3844 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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