Patna High Court
Angad ShuklaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court directed the Director, Mines and Geology Department, Bihar, to dispose of the petitioner's representation within two months and disposed of the writ application without granting mandamus.
Summary
The petitioner, Angad Shukla, filed a writ petition seeking a mandamus directing the Bihar Mines and Geology Department to refund Rs.9,64,000 deposited as a successful bidder for confiscated sand and to pay interest, alleging malafide actions that prevented him from completing the work. He claimed that despite multiple representations, including one dated 11‑01‑2023, the Department had not acted. The court examined whether the authorities were liable to refund the amount and award interest, and whether a mandamus could be issued. It held that the appropriate remedy was to direct the Director to dispose of the pending representation within two months, rather than ordering a refund. Consequently, the writ application was disposed of without granting the mandamus.
Issues considered
- Whether the respondent authorities are liable to refund the deposit of Rs.9,64,000 made by the petitioner under the open tender for confiscated sand.
- Whether the petitioner is entitled to interest on the deposited amount due to alleged malafide actions of the respondents.
- Whether a writ of mandamus can be issued directing the Department to refund the amount and pay interest.
Subjects
- mandamus
- refund of deposit
- interest
- mines department
- public procurement
- confiscated sand
- representation disposal
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9652 of 2025
======================================================
Angad Shukla Son of Late Ravindra Shukla Resident of Village- Dakhin
Ekauna, P.S.- Udwant Nagar, District- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary-cum- Mines Commissioner, Mines
and Geology Department, Government of Bihar, Patna.
2. The Secretary-cum- Mines Commissioner, Mines and Geology Department,
Government of Bihar, Patna.
3. The District Magistrate, District- Bhojpur.
4. The District Mining Officer, District- Bhojpur.
5. The Mineral Development Officer, District- Bhojpur.
6. The Director, Mines and Geology Department, Government of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Respondent/s : Mr. Kinkar Kumar, SC 9
For the Mines : Mr. Naresh Dikshit, Spl. PP
Ms. Shruti Singh, Advocate
Mr. Utsav Anand, Advocate
Mr. Utkarsh Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 19-01-2026 Heard the learned counsel for the petitioner, the
learned counsel for the State and the learned counsel for the
Mines Department.
2. The learned counsel for the petitioner is directed to
add the Director, Mines and Geology Department, Govt. of
Bihar, Patna as Respondent No. 6 in course of the day.
3. The office is directed to act accordingly.
4. The present writ application has been filed on
behalf of the petitioner for the following reliefs:-
Patna High Court CWJC No.9652 of 2025(8) dt.19-01-2026
2/3
I. For issuance of the appropriate writ,
order(s) or directions(s) in the nature of
'Mandamus' for commanding/directing the
respondent authorities to refund the
amount of Rs. 9,64,000/-(Rupees Nine
Lakhs and Sixty-Four Thousand only)
deposited in the Mines Department,
Government of Bihar, Patna after being
successful bidder in the open tender held
on29.08.2022 for disposal of confiscated
sand situated at Mauza- Babura, Anchal +
P.S.- Barhara, District- Bhojpur.
II. For issuance of the appropriate writ,
order(s) or directions(s) in the nature of
'Mandamus' for commanding/directing the
respondent authorities to also provide
interest at the applicable bank rate, as the
petitioner had deposited a sum of Rs.
9,64,000/- in the year 2022 and due to the
malafide actions of the respondent
authorities, the petitioner was unable to
complete the work, thereby facing
monetary loss.
5. The learned counsel for the petitioner submits that
for redressal of his grievances, the petitioner has approached the
Director, Mines and Geology Department, Govt. of Bihar, Patna
a number of times by filing various representations. The last
representation was filed by the petitioner on 11.01.2023 and the
respondents have not acted and disposed of the representation of
the petitioner.
6. In these circumstances, the Director, Mines and
Patna High Court CWJC No.9652 of 2025(8) dt.19-01-2026
3/3
Geology Department, Bihar, Patna is directed to dispose of the
representation of the petitioner dated 11.01.2023 pending before
him within a period of two months from the date of
receipt/production of a copy of this order. The representation
shall be disposed of in accordance with law by a speaking and
reasoned order after hearing the petitioner.
7. With the aforesaid observation and direction, this
application is disposed of.
(Sandeep Kumar, J)
Shishir/-
U
Checking your session…