Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2667 of 2026 ====================================================== Santosh Kumar S/o- Shri Akhilesh Prasad Singh, Resident of VillageEkbalganj Nisarpura, Post Office- Ekbalganj Nisarpura, Police StationRanitalab Kanpa, District- Patna. ... ... 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. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Swapnil Kumar Singh, AC to GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-04-2026 Heard the parties.

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

"(i) For setting aside order dated 21.11.2025 passed by Learned District MagistrateCum- Collector, Patna in Mineral Confiscation case no-03 of 2025-26 whereby the Appeal filed by the petitioner has been dismissed.

Patna High Court CWJC No.2667 of 2026(2) dt.23-04-2026 2/3 (ii) For setting aside letter no. 1187/M dated 26.05.2025 issued by Mineral Development Officer, Patna whereby, under Rule 56 of Bihar Minerals (Subsidy, Illegal Mirning, Transportation and Storage Determination) Rules, 2019 as amended in 2024, a fine of Rs 5,42,74,717/- (five crore forty two lakh seventy four thousand seven hundred seventeen) and a settlement fee of Rs 25,000/- (twenty five thousand rupees) i.e. a total of Rs 5,42,99,717/- (five crore forty two lakh ninety nine thousand seven hundred seventeen) has been imposed on the petitioner for illegal storage of 20384.87 MT more sand than the quantity mentioned in the stock register and the Appellant has been directed to ensure payment of the imposed fine amount to the District Mining Office, Patna without delay (iii) 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. After some arguments, learned counsel for the petitioner submits that he may be allowed to challenge the order

Patna High Court CWJC No.2667 of 2026(2) dt.23-04-2026 3/3 passed by the Collector, Patna in Mineral Confiscation Case No. 03 of 2025-26 (Santosh Kumar vs. The State of Bihar) disposed of on 21.11.2025.

4. Learned Spl.P.P., Mines has no objection to it.

5. In that background, the writ petition stands disposed of allowing the petitioner to challenge the said order, as recorded above.

6. Needless to add, if the petition is filed in next four weeks, the concerned respondent shall be condoning the delay in filing the petition as the writ petition was filed and remained pending till an order is passed today.

(Rajiv Roy, J) Adnan/- U