← Library
Patna High CourtCWJC/2088/2026disposed

Suraj Kumar Singh v. The State Of Bihar

2026-04-30Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2088 of 2026 ====================================================== Suraj Kumar Singh Son of Vijay Kumar Singh, R/o Village-New Karman Tola, P.O.-Nawada, P.S.-Nawada, District-Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Mines and Geology, Government of Bihar, Patna.

2.

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

3.

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

4.

The District Magistrate, Patna.

5.

The Mineral Development Officer, District Mining Office, Patna. 6.

The Mining Inspector, District Mining Office, Patna. 7.

The Officer in Charge, Bikram Police Station, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kumar, Advocate Mr. Manish Kumar, Advocate For the Respondent/s :

Mr. Ramadhar Singh, GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2026 Heard Mr. Prashant Kumar, learned counsel for the petitioner and Mr. Naresh Dikshit, learned Spl.P.P. Mines.

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

"(i) For issuance of a writ in the nature of Mandamus for quashing the arbitrary and illegal action of the respondent authorities in blocking/closing the petitioner's I.D. and password appertaining to its sand Storage License without any notice or opportunity of hearing.

Patna High Court CWJC No.2088 of 2026(2) dt.30-04-2026 2/3 (ii) For quashing the letter no. 5645 dated 07.10.2025, so far as it relates to the petitioner, by which a direction has been issued to take punitive action against all K-license holders for alleged ground of unauthorized sale beyond the permissible limit is false, baseless, and without evidentiary support, especially when no stock of sand existed at the petitioner's site at the relevant time.

(iii) For issuance of a writ in the nature of mandamus, commanding and directing the respondent authorities to immediately restore the petitioner's I.D and password and allow him to carry on lawful business under his valid license. (iv) For holding that the alleged ground of unauthorized sale beyond the permissible limit is not all applicable in the case of petitioner. (v) For issuance of such other order or direction as the petitioner may be found entitled to in the facts and circumstances of the instant case."

3. A counter-affidavit has come on behalf of the respondent nos. 1 to 6 duly signed by the Mineral Development Officer, District Mining Office, Patna which shows that a notice has been issued by the Mineral Development Commissioner vide

Patna High Court CWJC No.2088 of 2026(2) dt.30-04-2026 3/3 letter no. 2391 dated 24.11.2025 directing the petitioner to submit show cause as to why the license granted to him be not cancelled (Annexure-R/C to the petition).

4. Learned Spl.P.P., Mines Department submits that he ought to have submitted his reply.

5. Learned counsel for the petitioner submits that the show cause has already been filed on 06.02.2026 before the respondent, Mineral Development Officer, District Mining Office, Patna (Annexure P/5 series to the reply to the counteraffidavit).

6. In that background, with the consent of the parties, the writ petition stands disposed of with a direction to the respondent no. 5, Mineral Development Officer, District Mining Office, Patna to take the matter to its logical conclusion as pursuant to the notice issued by him/her, a show-cause is already on record before the said respondent.

(Rajiv Roy, J) Adnan/- U