Siyaram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14463 of 2025 ====================================================== Siyaram Singh Son of Late Rameshwar Singh, Resident of Village- Sijhua, P.S.- Ramgarh, District- Kaimur (Bhabua).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Govt. of Bihar, Patna. 2.

The Additional Chief Secretary (ACS), Bihar State Mining and Geology Department, Govt. of Bihar, Patna.

3.

The Collector cum District Magistrate, District- Rohtas at Sasaram. 4.

The District Mining Officer, District- Rohtas at Sasaram. 5.

The Mining Inspector, District Mining Office Rohtas at Sasaram. 6.

The S.H.O., Police Station Chenari, District- Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Singh, Advocate For the Mines Department :

Mr. Naresh Dikshit, Advocate Ms. Shruti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner; learned counsel for the State and learned counsel for the Mining Department.

2. Pursuant to the order dated 05.08.2025 passed in CWJC No. 8260 of 2025, the impugned order dated 13.08.2025 has been passed by the respondent no. 4 and a penalty of Rs. 9,40,529/- has been imposed upon the petitioner.

3. This impugned order has been passed without hearing the petitioner. Any adverse order which is passed against the person should be passed after hearing the petitioner

Patna High Court CWJC No.14463 of 2025(3) dt.25-09-2025 2/2 and the present order is in complete violation of the principles of natural justice.

4. In these circumstances, the order dated 13.08.2025 is hereby quashed.

5. The matter is remitted back to the respondent no. 4 for fresh consideration. The same shall be decided afresh, after hearing the petitioner within two weeks from the date of receipt/production of a copy of this order.

6. In the meantime, the truck of the petitioner bearing Registration No.

UP67AT2708, Engine No.

ISB59B4S180T181J637295 and Chasis No.

MAT541109J1J28239, shall be released in favour of the petitioner after he deposits a Bank guarantee of Rs. 9 lakh in the Department.

7. The petitioner will approach the authority along with a copy of this order and thereafter within two weeks, appropriate order shall be passed.

8. This application stands disposed of.

(Sandeep Kumar, J) P. Kumar U T