M/S Carbon Ispaat Ltd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1827 of 2026 ====================================================== M/s Carbon Ispaat Ltd. through its director Sri Mukesh Kumar, Gender- Male, aged about 38 years, S/o- Ramashish Mahton, Resident of- Apartment, Flat No. C3, 3rd floor, Pandit Clinic Road, Bartend, P.S- Dhanbad, DistrictDhanbad, Jharkhand- 826001. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Department of Mines and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna. 2.

The Mines Commissioner, Department of Mines and Geology, Government of Bihar, Patna.

3.

The Director Mines, Department of Mines and Geology, Government of Bihar, Patna.

4.

The Collector, Bhojpur.

5.

The Assistant Director-cum-Mineral Development Officer, Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Narayan Singh For the Respondent/s :

Mr. Government Pleader (20) For the Mines ;

Mr. Naresh Dikshit, Spl. P.P. Mines Ms. Shruti Singh, Adv.

Mr. Utkarsh Pathak, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-04-2026 Heard the parties.

2. The present application has been preferred for the following relief(s):

(i) for issuance of an appropriate writ to quash the order dated 20.12.2025 passed vide Memo No. 2611 (Annexure P-5) by The Collector, Bhojpur whereby and whereunder The Collector, Bhojpur, Respondent No. 4 rejected the representation dated 08.04.2025 (Annexure P-3) of the

Patna High Court CWJC No.1827 of 2026(2) dt.09-04-2026 2/3 petitioner and forfeited the earnest money of Rs. 3,78,67,500/- (Three Crore Seventy-Eight Lakhs Sixty-Seven Thousand and Five Hundred) Which was deposited as the earnest money in regard to BHOJ SON-41A Sand Ghat for which the petitioner declared successful bidder being the highest bidder.

ii. for issuance of an appropriate writ that after quashing of order dated 20.12.2025 contained in memo no. 2611 further directed respondents to return the earnest money 3,78,67,500/- (Three Crore Seventy-Eight Lakhs Sixty-Seven Thousand and Five Hundred) to the petitioner.

iii. for any other consequential relief or reliefs for which the petitioner will be found entitled in the facts and the circumstances of the present case.

3.

Learned counsel representing the Mines Department submits that against the order passed by the Collector, Bhojpur, the petitioner has remedy before the Mines Commissioner.

4. Learned counsel for the petitioner submits that due to filing of the petition before this Court, there has been some delay.

5. If the petitioner files a proper petition before the Mines Commissioner in next four weeks, the delay in

Patna High Court CWJC No.1827 of 2026(2) dt.09-04-2026 3/3 approaching the concerned authority be condoned in view of the fact that the petitioner was agitating the matter before Patna High Court.

6. With the aforesaid observation, the CWJC No. 1827 2026 is disposed of.

(Rajiv Roy, J) Vijay Singh/- U