Surya Nath Pandey @ Ganesh Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10676 of 2025 ====================================================== Surya Nath Pandey @ Ganesh Pandey S/o Late Raghubansh Pandey, R/o Village- Badiha, P.O.- Shankarpur, P.S.- Indrapuri, District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Mines and Minerals Department, Govt. of Bihar, Patna.
2.
The Joint Secretary, Mines and Minerals Department, Govt. of Bihar, Patna. 3.
The Assistant Director, District Mines and Minerals Department, Rohtas at Sasaram.
4.
The District Magistrate-cum-Collector, Rohtas at Sasaram. 5.
The Superintendent of Police, Rohtas at Sasaram. 6.
The Addl. Collector, Rohtas at Sasaram.
7.
The Deputy Collector, Mines Department, Rohtas at Sasaram. 8.
The Sub-Divisional Officer, Dehari, District- Rohtas at Sasaram. 9.
The Circle Officer, Dehari, Rohtas at Sasaram. 10.
The Officer-in-Charge, Police Station- Indrapuri, District- Rohtas at Sasaram.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Advocate For the Respondent/s :
Mr.Standing Counsel (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present writ petition has been filed seeking the following reliefs:- (i) For setting aside the order dated 20-08-2024 passed in Mines Confiscation Case No. 03/2024 by the learned Collector-cum-District Magistrate, Rohtas at Sasaram, whereby the claim/grievance of the petitioner
Patna High Court CWJC No.10676 of 2025(5) dt.25-11-2025 2/3 has been rejected without proper verification of records pertaining to the land in question and without assigning any cogent reasons.
(ii) For further direction to the respondent authorities to prevent the illegal evacuation of sand from the Raiyati land of the petitioner, which has been unlawfully evacuated since 1992.
(iii) To direct the respondents to pay appropriate compensation to the petitioner for the damages suffered due to illegal excavation from his land, as per the assessment to be conducted by a competent authority within six weeks from the date of the order. (iv) To direct the concerned authorities to carry out the necessary demarcation of the land at the earliest and ensure that the petitioner's ownership is safeguarded against any future encroachments.
3. Learned counsel for the petitioner submits that the petitioner was staying outside the state and after retirement he has returned to his village and he has learnt that earlier illegal mining was done on his land.
4. The District Magistrate-cum-Collector, Rohtas at Sasaram has virtually assisted this Court today and she submits that there is no illegal mining being done on the plot of the petitioner.
5. In these circumstances, this application stands disposed of with a liberty to the petitioner that if people try to do illegal mining on his plot, then he may approach the
Patna High Court CWJC No.10676 of 2025(5) dt.25-11-2025 3/3 Superintendent of Police, Rohtas and District Magistrate, Rohtas who will take appropriate action on the application of the petitioner.
6. The virtual appearance of the District Magistratecum-Collector, Rohtas at Sasaram stands dispensed with.
7. With the aforesaid observation, this application stands disposed of.
(Sandeep Kumar, J) tusharika/- U