M/S Familia Decor And Engineering v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12639 of 2025 ====================================================== M/s Familia Decor and Engineering Residence of House No.- 1032, Ward No.- 21, Anwarpur, Hajipur, Site address- Plot no. B-4, Industrial Area Phase -1 Goraul, Vaishali through its proprietor Mr. Ram Ekwal Roy, Aged about 57 years, Male, Son of Late Kunj Bihari Roy, Resident of Ward No. 14, Dighi Kala Purvi, P.O.- Hajipur, P.S.- Sadar Hajipur, District - Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Mining Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Mining Department, Government of Bihar, Patna.

3.

The Divisional Commissioner, Muzaffarpur.

4.

The District Magistrate, Vaishali.

5.

The Mining Officer, Vaishali.

6.

The Mineral Development Officer, Vaishali.

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

For the Petitioner/s :

Mr. Ranjeet Kumar Mr. Dilip Kumar Mr. Kanishk Kaustaubh Mr. Ankesh Kumar Sinha For the Respondent/s :

Mr. Kameshwar Pd. Gupta, G.P. (10) Ms. Deepanjali Gupta, AC to G.P. 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-10-2025 Heard the parties.

2. The following prayer has been made by way of this writ application:- For setting aside the order contained in letter No. 440 Dated 19.05.2025 issued with the signature of Mineral Development Officer, Vaishali whereby penalty of Rs. 5,59,600/- (Five Lakh Fifty-

Patna High Court CWJC No.12639 of 2025(2) dt.30-10-2025 2/2 Nine thousand Six-hundred) has been directed to be paid in the Mining Head "0853" otherwise certificate proceeding shall be initiated.

3. In view of the order dated 19.05.2025, the petitioner shall file their show cause reply within two weeks from today and after filing of such show-cause, the authorities concerned will personally hear the petitioner and only after that, will pass a reasoned order in accordance with law.

4. If the petitioner furnishes a bank guarantee of Rs. 6,00,000/- before the authority concerned then the vehicle in question shall be released in favour of the petitioner by way of interim measure.

5. With the aforesaid direction, this application is disposed of.

(Sandeep Kumar, J) Vikas/- U