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Patna High CourtCWJC/4616/2026disposed

Ram Narayan Prasad v. The State Of Bihar

2026-05-14Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4616 of 2026 ====================================================== Ram Narayan Prasad Son of Jai Lal Mahto, Resident of Village-Kanhauli, P.O. Kanhauli, P.S. Kanhauli, District-Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary Department of Mines, Bihar, Patna.

2.

The Deputy Director, Minning Department, Tirhut pramandal, Muzaffarpur, Bihar.

3.

The District Magistrate cum Collector, Sitamarhi. 4.

District Mining Officer, Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akanksha Verma For the Respondent/s :

Mr.Additional Advocate General (7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-05-2026 Heard the parties.

2 This writ petition has been filed seeking the following reliefs:

"a For issuance of an appropriate writ, order or direction in the nature of Mandamus commanding the respondents to exempt and/or waive the demand of royalty/tax against the petitioner for the Financial Year 2022-23, in view of the admitted non-operation of the brick kiln during the said period and absence of any taxable activity.

b For issuance of an appropriate writ, order or direction in the nature of Mandamus commanding the respondents to forthwith stay and keep in abeyance the certificate proceeding initiated against the petitioner, during the pendency of the present writ petition, as the same has been initiated illegally and without lawful basis.

Patna High Court CWJC No.4616 of 2026(2) dt.14-05-2026 2/2 c For issuance of any other relief or reliefs which deems fit and proper under the facts and circumstances of the present case."

3 Learned counsel representing the Mines Department has taken this Court to the order dated 03.10.2025 passed by the Bihar Public Grievance Redressal Officer -cum- First Appellate Authority, Tirhut Division in which it has been recorded that certificate proceeding has already been preferred where the petitioner can lay his claim regarding closure of the brick unit at the relevant time.

4 Allowing the petitioner to appear before the concerned authority, the writ petition is disposed of. (Rajiv Roy, J) M.E.H./- U