Patna High Court
Pradeep YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
A penalty imposed without a show‑cause notice and hearing contravenes natural justice and must be set aside.
Summary
Petitioner Pradeep Yadav was levied a penalty of Rs.8,65,344 by the Mineral Development Officer, Nawada, based on a letter dated 09‑09‑2025. The petitioner contended that the penalty was imposed without a show‑cause notice or any opportunity of hearing, violating natural justice. The High Court observed that earlier orders had directed mining authorities to afford a hearing before imposing penalties, which the respondents ignored. Consequently, the Court quashed the penalty, remitted the matter to the Mineral Development Officer, and ordered the release of the seized vehicle subject to security and other conditions, citing the Supreme Court’s decision in Sunderbhai Ambalal Desai v. State of Gujarat. The application was allowed and the petitioner was granted liberty to raise further grounds before the authorities.
Issues considered
- Whether a penalty imposed by the mining authority without a show‑cause notice and hearing violates the principles of natural justice.
- Whether the seizure of the petitioner’s vehicle can be continued pending further proceedings.
Subjects
- natural justice
- show‑cause notice
- penalty
- mining law
- vehicle seizure
- interim relief
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.86 of 2026
======================================================
Pradeep Yadav Son of Pokhan Mahto, Resident of Village-Pispiro, Police
Station-Jainagar, District-Koderma (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Director, Mines and Geology Department, Government of Bihar, Patna.
3. The District Magistrate, Nawada, Bihar.
4. The Superintendent of Police, Nawada, Bihar.
5. The Mines Inspector, Mines and Geology Department, Nawada, Bihar.
6. The Mineral Development Officer, Mines and Geology Department,
Nawada, Bihar.
7. The SHO, Rajauli Police Station, Nawada, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate
For the Mines Dept : Mr. Naresh Dikshit, Spl.P.P., Mines
Ms.Shruti Singh, Advocate
For the State : Mr.Government Pleader (16)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Mining
Department
2. Learned counsel for the petitioner submits that
from the letter no. 03.09.2025 issued by the Mineral
Development Officer, Nawada, he has imposed a penalty of Rs.
8,65,344/- on the petitioner.
3. Learned counsel for the petitioner submits that this
penalty has been imposed without issuing any show-cause and
Patna High Court CWJC No.86 of 2026(2) dt.02-02-2026
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without hearing the petitioner.
4. This Court has been regularly directing the Mining
authorities to not impose penalty without giving proper
opportunity of hearing to the parties, but it appears that the
officers do not go through the orders passed by this Court and
are not following the law.
5. In these circumstances, I am of the view that the
impugned order which has been passed in complete violation of
principle of natural justice cannot be sustained and the penalty of
Rs.8,65,344/- imposed by the authorities vide letter dated
09.09.2025, is hereby quashed and the matter is remitted back to the
Mineral Development Officer, Nawada.
6. Since no fruitful purpose will be served in keeping
the vehicle seized, therefore, considering the law laid down by the
Hon’ble Supreme Court in the case of Sunderbhai Ambalal Desai
vs. State of Gujrat reported as 2002 (10) SCC 283, during pendency
of the matter before the concerned authority, the vehicle in question
bearing Registration No. JH-12K-1977 and shall be released in
favour of the petitioner by way of interim relief with the following
conditions:
(i) The petitioner shall furnish a security of Rs. 15
lakhs (not bank guarantee or fixed deposit) before the concerned/
competent authority before whom the confiscation proceeding is
pending.
(ii) The petitioner shall furnish all the necessary
Patna High Court CWJC No.86 of 2026(2) dt.02-02-2026
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papers/documents of ownership before the concerned
competent authority.
(iii) The petitioner shall undertake, in writing, that
the vehicle, in question, shall neither be alienated nor be
transferred in favour of any third party during the pendency of
the proceeding and that the vehicles, in question, shall be
produced as and when called upon or required in the
proceeding or otherwise.
(iv). If any jurisdictional objection is taken by the
petitioner that shall also be considered by the authority
concerned. The petitioner will also co-operate with the
authorities till disposal.
7. The petitioner is given liberty to raise all the
grounds of the writ petition before the respondent authorities
and all these grounds shall be considered after hearing the
petitioner and a detailed order shall be passed.
8. This application stands allowed.
(Sandeep Kumar, J)
tusharika/-
U
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