M/S Satyam Distributors Through Its Proprietor, Yogendra Kumar @ Yogendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6749 of 2026 ====================================================== M/s Satyam Distributors through its proprietor, Yogendra Kumar @ Yogendra Sharma S/o- Late Bindeshwari Singh Resident of 224/53-A, Brahmasthan road, Shekhpura Bagicha, B.B. College, P.S.- Shastrinagar, Dist- Patna800014. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary-cum-Mines Commissioner, Mines and Geology Department, Government of Bihar, Vikash Bhawan (New Secretariat), Bailey Road, Patna-800014. 2.
Principal Secretary-cum-Mines Commissioner, Mines and Geology Department, Government of Bihar, Vikash Bhawan (New Secretariat), Bailey Road, Patna - 800014.
3.
The Director, Mines and Geology Department, Government of Bihar, Vikash Bhawan (New Secretariat), Bailey Road, Patna-800014. 4.
The Assistant Director, District Mining Office, Bhojpur at Ara. 5.
District Magistrate-cum-Collector, Bhojpur at Ara. 6.
The Mineral Development Officer, District Mining Office, Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar, Advocate For the Respondent/s :
Mr. Sita Ram Yadav, GP-16 Mr. Jirendra Kumar, AC to GP-16 For the Mines :
Mr. Naresh Dikshit, Advocate Ms. Shruti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-06-2026 Heard the parties.
2. The present petition has been preferred for the following relief/s:
"(i) To issue an appropriate writ/s, order/s, direction/s in the nature of certiorari for quashing the vide letter no.-2637, dated 24/12/2025 (Annexure-P/8) issued by the
2/4 respondent No.-5 (Collector, Bhojpur), whereby and whereunder, petitioner's application seeking surrender of settlement of Bhojpur Sone Sand Ghat No.- 39 has been rejected and the security deposit of Rs.- 4,76,28,000/-, thousand (Rs. Four Crore, seventy six lakh, twenty eight thousand only) furnished by the petitioner for settlement of Bhojpur Sone Sand Ghat No.39 has been forfeited on completely erroneous grounds.
(ii) To issue further appropriate writ order or direction in the nature of mandamus; commanding the respondents to accept the surrender of the settlement of Bhojpur Sone Sand Ghat No.-39, by the petitioner.
(iii) To issue further appropriate writ/s, order/s, direction/s, in the nature of mandamus; commanding the respondents to forthwith refund the security deposit of Rs.- 4,76,28,000/- deposited by the petitioner for obtaining the settlement of Bhojpur Sone Sand Ghat No.-39, with interest for the
3/4 period, it has been withheld.
(iv) During pendency of the writ application, the respondents may be restrained from demanding and recovering the royalty pertaining to third year for the settlement of Bhojpur Sone Sand Ghat No.-39 from the petitioner.
(v) To grant any other relief or reliefs which the petitioner may be found entitled to, in the facts and circumstance of the case."
3. The matter relates to Bhojpur Sone Sand Ghat No. 39 in the district of Bhojpur. The application of the petitioner for surrender of the settlement of the aforesaid Ghat was rejected and security deposit of Rs. 4,76,28,000/- has been forfeited.
4. The Collector, Bhojpur at Ara took up the matter of the petitioner and the petition preferred has been rejected vide memo no. 2637 dated 24.12.2025.
5. Learned counsel for the petitioner submits that the mineral potential is unavailable there and, in that background, it is impossible to generate revenue for which the bid was accepted. He has taken this Court to an order passed in the case of Lalan Kumar & Analogous cases vs. The State of Bihar (CWJC No. 6393 of 2025), disposed of on 16.04.2026 and submits that the
4/4 issue has already been decided in the said case.
6. Mr. Naresh Dixit, learned Spl.P.P. Mines has preliminary objection submitting that against the order passed by the Collector, Bhojpur, the appeal provision is there before the Mines Commissioner, Bihar where the case of Lalan Kumar (supra) shall also be considered besides the other points of the petitioner.
7. Having taken note of the submissions put forth by the parties, this Court allows the petitioner to file an appeal before the Mines Commissioner, Bihar where all the points raised by it has to be considered and incorporated/answered in the order in question.
8. Since the petitioner moved before this Court in the writ petition, if a proper petition is filed in next four weeks, the delay in filing the appeal shall be condoned.
9. The writ petition is disposed of with the aforesaid observation.
(Rajiv Roy, J) Adnan/- U