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Patna High Court

Angad ShuklaversusThe State of Bihar

Decided
Disposal
DISPOSED

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


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