Uma Associates Infratech Developers Private Limited v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.289 of 2026 ====================================================== Uma Associates Infratech Developers Private Limited having its registered office at S 20/56-10-2F 2/3, Sonal Sadan, The Mall Road, Cantonment Varanasi, Varanasi, UP 221002 through its director Anand Singh, aged about 52 years (male), son of Ram Gopal Singh, Resident of S 20/56-10- 2F, 2/3 Sonal Sadan, Mall Road, Cantonment, P.S. Cant. District Varanasi, UP 221002.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary cum Commissioner Mines, Department of Mines and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna 800001.
2.
The Secretary cum Commissioner Mines, Department of Mines and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna-800001. 3.
The Additional Secretary, Department of Mines and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna-800001. 4.
The Director, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
5.
The District Magistrate-cum-Collector, Rohtas. 6.
The Assistant Director, Mines and Geology, Rohtas, Sasaram. 7.
The Mineral Development Officer, Sasaram, Rohtas. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Samdarshi, Adv.
:
Mr. Avinash Shekhar, Adv.
:
Ms. Simran Kumar, Adv.
:
Mr. Abhilasha Jha, Adv.
For Mines :
Mr. Naresh Diskhit, Adv.
:
Ms. Shruti Singh, Adv.
For the Respondent/s :
Mr. Standing Counsel (16) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-07-2026 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the counsels.
2. Learned counsel appearing on behalf of the petitioner submits that the impugned order which is passed on
2/4 31.12.2025 pursuant to the orders of this Hon'ble Court passed in CWJC No. 9310 of 2025 dated 05.08.2025, the concerned Minister was supposed to have passed the order however, the said order has not been passed by the Minister concerned and the same has been passed by some other person. Learned counsel submits that the impugned order dated 31.12.2025 may be set aside and the matter remanded back to the concerned Minister for passing orders afresh in accordance with law.
3. Learned counsel appearing on behalf of the Mines Department submits that he has no objection if impugned order is set aside and the matter is remanded back to the authority for passing orders afresh in accordance with law.
4. This Court in the earlier round of litigation in CWJC No. 9310 of 2025 dated 05.08.2025 while remanding the matter back to the authority has passed the following orders; "6. Considering the fact that the petitioner is prepared to approach the State Government by 8th of August, 2025 for seeking the modified reliefs as claimed for in the present writ application, this writ application is disposed of granting liberty to the petitioner to file his detailed representation before the State Government i.e., Honorable Minister for Mines and Geology Department, Government of Bihar by 8th August, 2025 and if such a representation is filed by 8th August, 2025, the same shall be heard and decided on merit after giving an opportunity of hearing to the petitioner within four weeks thereafter. The State Government/Honorable Minister while deciding the representation of the petitioner will pass a reasoned
3/4 and speaking order. It is expected that the Honorable Minister will not be influenced by the previous orders passed by the District Magistratecum-Collector, Rohtas and will independently apply his mind while deciding the issues raised in the representation by the petitioner.
7. With the aforesaid observation and direction, the present writ application is disposed of with the liberty aforesaid. Till such time, the representation filed by the petitioner is pending consideration before the State Government, Department of Mines and Geology will not stop generation of E-Challans in favour of the petitioner. All pending Interlocutory Applications, if any shall stand disposed of."
5. Having regard to above made submissions, the impugned order dated 31.12.2025 is set aside and the matter remanded back to the State Government/ Hon'ble Minister for deciding the representation dated 08.08.2025 (Annexure-P/36) strictly in accordance with law, the Hon'ble Minister shall duly take into consideration the representation made by the petitioner and pass a reasoned and speaking order as per the directions of this Hon'ble Court passed in CWJC No. 9310 of 2025 dated 05.08.2025. The authority shall endeavor to dispose of the said representation as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. It is needless to mention that before passing any orders, the authority shall put the petitioner on notice and given him an opportunity of hearing. Any orders passed shall be
4/4 communicated to the petitioner.
6. With the above direction, the present writ petition stands disposed of.
(A. Abhishek Reddy, J) Ayush/- U