Patna High Court
Rudra Mining LLPversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court ordered the petitioner to approach the Collector under Section 67 of the Rules and disposed of the writ petition without granting the relief sought.
Summary
Rudra Mining LLP filed a writ petition seeking quashing of two letters issued by the Assistant Director and the Mineral Development Officer directing the firm to deposit additional security for successive years of settlement. The petitioner alleged that the letters were contrary to the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 and therefore illegal. The State and Mines Department contended that the grievance should be pursued under Section 67 of the Rules before the Collector, not through a writ. Justice Rajiv Roy accepted this view, directing the petitioner to approach the Collector within a week and to have the matter decided within six weeks, while maintaining the status quo. The writ petition was consequently disposed without adjudicating the merits of the quashing relief.
Issues considered
- Whether the writ petition is the appropriate remedy for challenging the letters demanding additional security deposits.
- Whether the letters issued are violative of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.
Subjects
- writ petition
- certiorari
- security deposit
- mineral concession
- administrative law
- Section 67
- Bihar Minerals Rules
- status quo
- collector jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3917 of 2026
======================================================
Rudra Mining LLP a limited liability partnership firm, through its Partner
Vishwajeet Kumar, aged about 39 years (male), son of Visheshwar Prasad,
resident of Village and PO-Pareo, P.S. Bihta, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Mines and Geology Department,
Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
2. The Secretary cum Mines Commissioner, Mines and Geology Department,
Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
3. The Director, Mines and Geology Department, Government of Bihar, Vikas
Bhawan, Bailey Road, Patna.
4. The Collector, Rohtas.
5. The Assistant Director, District Mining Office, Rohtas.
6. The Mineral Development Officer, District Mining Office, Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avinash Shekhar, Advocate
For the State : Ms. Vijaya Laxmi Srivastava, AC to SC-23
For the Mines : Mr. Naresh Dikshit, Advocate
Mr. Brij Bihari Tiwary, Advocate
Mr. Utkarsh Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 02-04-2026 Heard Mr.Avinash Shekhar, learned counsel for the
petitioner and Mr. Naresh Dikshit, learned Spl. P.P. for the
Mines.
2. The present petition has been preferred for the
following relief/s:
(i) to issue an appropriate writ, order or
direction in the nature of certiorari for
quashing letter no. 543 dated 16.05.2025
Patna High Court CWJC No.3917 of 2026(2) dt.02-04-2026
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(Annexure P5) issued by the Respondent
Assistant Director, whereby and whereunder
the petitioner has been directed to deposit
Rs. 63,69,300/-as additional security deposit
for the second year of settlement;
(ii) to issue an appropriate writ, order or
direction in the nature of certiorari for
quashing letter no. 175 dated 03.02.2026
(Annexure P6) issued by the Respondent
Mineral Development Officer, Rohtas
whereby and whereunder the petitioner has
been directed to deposit Rs. 76,43,160/- as
additional security deposit for the third year
of settlement;
(iii) during pendency of this writ application,
this Hon'ble Court may direct the
Respondents to not to take any other
coercive steps against the petitioner for
recovery of Rs. 63,69,300/- and Rs.
76,43,160/-respectively;
(iv) this Hon'ble Court may further
adjudicate and hold that letter no. 543 dated
Patna High Court CWJC No.3917 of 2026(2) dt.02-04-2026
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16.05.2025 and letter no 175 dated
03.02.2020 are bad in the eyes of law as the
same are dehors the Bihar Minerale
(Concession, Prevention of Illegal Mining,
Transportation & Storage) Rules, 2019 and
the tender document;
(v) to grant any other relief or reliefs which
the Petitioner may be found entitled to in the
facts and circumstances of the case.
3. At the outset, learned counsel representing the
Mines Department submits that the Assistant Director, Mines
and Minerals, Rohtas at Sasaram had issued letter no. 543 dated
16.05.2025 and letter no. 175 dated 03.02.2026 which could
have been assailed before the District Collector, Rohtas at
Sasaram under section 67 of the Bihar Minerals (Concession,
Prevention of illegal Mining, Transportation & Storage) Rules,
2019 (henceforth for short ‘the Rules’), instead the writ petition.
He further submits that if any petition is preferred, the authority
shall ensure that it is taken to its logical conclusion at an earliest
preferably within a period of six weeks.
4. Learned counsel for the petitioner submits that he
shall be approaching the Collector, Rohtas at Sasaram within a
Patna High Court CWJC No.3917 of 2026(2) dt.02-04-2026
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week under section 67 of ‘the Rules’ but till then no coercive
steps be taken.
5. Learned Special P.P. for the Mines submits that the
order is dated 16.05.2025. We are in the month of April, 2026,
nothing has happened till date and he shall ensure that the
matter is taken to its logical conclusion.
6. This Court accepts the view put forward by the
parties and allows the petitioner to appear before the Collector,
Rohtas at Sasaram in a week who shall be deciding the matter
within a period of six weeks thereafter.
7. Needless to add, the status quo as existing today
shall be maintained which will merge with the order passed by
the Collector, Rohtas at Sasaram.
8. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
Ravi/-
U
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