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Patna High CourtCWJC/20238/2025disposed

Radharaman Construction And Marketing Private Limited v. The State Of Bihar

2026-07-15Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20238 of 2025 ====================================================== Radharaman Construction and Marketing Private Limited a company registered under the Companies Act, having its office at 3rd Floor, Plot No. 388/389, Near Biscuit Factory More, Nasriganj, Digha, Patna 800012, through its authorized signatory, Ranvijay Kumar Singh, aged about 35 years (male), son of Mahendra Prasad Singh, resident of Village Kharanja Road, Near Saguna More, P.S. Danapur Cant, District Patna, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna. 2.

The Secretary cum Mines Commissioner, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna. 3.

The Director, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.

4.

The Assistant Director, District Mining Office, Arwal. 5.

The District Magistrate cum Collector, Arwal. 6.

The Mineral Development Officer, Arwal.

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

For the Petitioner/s :

Mr. Suraj Samdarshi, Adv.

For Mines :

Mr. Naresh Diskhit, Adv.

:

Ms. Shruti Singh, Adv.

For the Respondent/s :

Mr. Standing Counsel (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 15-07-2026 Learned counsel appearing on behalf of the petitioner submits that the present writ petition may be disposed of in terms of the judgment dated 16.04.2026 passed in C.W.J.C. No. 6393 of 2025 with its analogous cases.

2. This Hon'ble Court in CWJC No. 6393 of 2025 with its analogous dated 16.04.2026 has held as under;

55. In view of the foregoing discussions, this Court deems it appropriate to pass the following directions:-

Patna High Court CWJC No.20238 of 2025(3) dt.15-07-2026 2/3 i. The impugned letters by which the surrender of sand ghats by the petitioners have been rejected and the security deposits/ earnest money deposits have been forfeited, are hereby quashed and set aside. ii. The respondents shall consider the case of the petitioners in accordance with Rule-50 of the 2019 Rules and in cases where the petitioner had given the requisite statutory notice of six months' and where no fraud or violation of mining or environmental conditions or any other irregularities have been reported against the petitioners prior to the surrender, the respondents shall accept the surrenders of the respective sand ghats of the petitioners in accordance with law and forthwith refund the respective security deposits / earnest money deposit of the petitioners after deducting recoverables, if any.

iii. The petitioner- M/s. Awanish Construction is given liberty to approach the respondent authorities, if so advised, for refund of the proportional royalty amount for the period during which he was precluded from the mining in the sand ghat settled in its favour. If such a representation is filed, the same shall be considered and decided by the respondent authorities within a period of eight weeks from the date of filing of such a representation by the petitioner and thereafter the respondent authority shall pass a reasoned and speaking order in accordance with law after affording an opportunity of hearing to the petitioner. While deciding the representation of the petitioner, the respondent authority shall also consider the law laid down by the Hon'ble Supreme Court in the case of Jai Durga Finvest (P) Ltd. (supra).

3. Learned counsel appearing on behalf of the respondent-State submits that the matter is similarly situated and he has no objection if the present writ petition is disposed of in terms of the said judgment.

4. Having regard to the same, the present writ

Patna High Court CWJC No.20238 of 2025(3) dt.15-07-2026 3/3 petition is disposed of in terms of the judgment dated 16.04.2026 passed in C.W.J.C. No. 6393 of 2025 with its analogous cases.

(A. Abhishek Reddy, J) Ayush/- U