Patna High Court
Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the petitioner must first approach the District Collector, and therefore disposed of the writ petition.
Summary
The petitioner, Raj Kumar Singh, filed a writ petition seeking an order to stop mining and excavation on his raiyati land and, alternatively, to ensure compensation and adherence to natural justice if such activities were permitted. The respondents, including the State of Bihar and various mining officials, submitted a counter‑affidavit stating that the petitioner must first approach the District Collector before invoking writ jurisdiction. The petitioner’s counsel agreed to approach the Collector within four weeks with supporting documents. The respondents’ counsel indicated that a proper petition to the Collector would be considered on its merits. The court held that the writ petition could not be entertained directly and directed the petitioner to approach the Collector, who will hear the matter and determine the appropriate relief. Consequently, the writ petition was disposed, pending the petitioner’s compliance with the direction.
Issues considered
- Whether the petitioner can directly invoke writ jurisdiction to stop mining on raiyati land without first approaching the District Collector.
- Whether mining and excavation on raiyati land without compensation and observance of natural justice violates statutory provisions.
Subjects
- mining
- rai yati land
- writ jurisdiction
- compensation
- natural justice
- civil writ
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5402 of 2024
======================================================
Raj Kumar Singh son of Late Ram Janm Singh, Resident of Village- Nonaur,
Anchal- Agiaon, Thana-Sahar, Post- Karvasin, District- Bhojpur, Arrah.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Mines and Mineral
Department, Bihar, Patna.
2. The Principal Secretary, Mines and Mineral Department, New Secretariat,
Govt. of Bihar, Patna.
3. The District Magistrate-cum-Collector, Bhojpur, Arrah.
4. The S.D.O., Sadar, Arrah, Bhojpur.
5. The Managing Officer, Arrah, Bhojpur.
6. The District Mining Officer, Arrah, Bhojpur.
7. The Circle Officer, Agiwan, District- Bhojpur.
8. M/s Maha Laxmi Enterprises, Proprietor Digvijay Singh, Resident of Near
Petrol Pump, Block A, Flat No.- 201, Gangotri Pyali Apartment, Maharaja
Hata, Katira, Arrah, Present Address- Patel Nagar, Chata Gobindpur,
Jamshedpur, E. Singh Street, Jharkhand.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Advocate
For the State : Mr. Government Advocate 9
For the Mines Dept. : Mr. Naresh Dikshit, Spl. PP Mines
: Mr. Utkarsh Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 05-05-2026 Heard Mr. Ajit Kumar, learned counsel for the
petitioner and learned counsel representing the State.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of an appropriate Writ,
Order Direction to the respondent-authorities to
stop and not to allow mining and excavation
Patna High Court CWJC No.5402 of 2024(2) dt.05-05-2026
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activities going on over the raiyati land of the
petitioner, details of land has been mentioned in
the body of Writ petition. or
(ii) for issuance of an appropriate
Writ, Order or Direction to the respondent-
authorities to proceed with excavation if at all
required or directed by the respondent-
authorities, the same may be done only after
payment of compensation for excavation being
done since 2022 till date all under the relevant
rules and regulations and at the same time after
following the Principles of Natural Justice.
(iii) for any other relief or reliefs, the
petitioner may be entitled in the facts and
circumstances of the case.”
3. A counter affidavit has come on behalf of the
Mines Department and as per paragraph no.17, the Collector of
the District has to be approached before invoking the writ
jurisdiction.
4. Learned counsel for the petitioner submits that
within four weeks, they shall be approaching the Collector,
Bhojpur at Arrah alongwith all the supporting documents.
Patna High Court CWJC No.5402 of 2024(2) dt.05-05-2026
3/3
5. Learned counsel representing the respondents
submit that if proper petition alongwith documents are filed, it
will be taken to its logical conclusion.
6. In that background, the writ petition is disposed of
allowing the petitioner to approach the Collector, Bhojpur at
Arrah in next four weeks who shall be noticing/hearing the
parties and shall be taking the matter to its logical conclusion at
an earliest.
(Rajiv Roy, J)
vinayak/-
U
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