M/S Baba Bhubaneshwar Nath Construction Private Limited v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1012 of 2026 ====================================================== M/s Baba Bhubaneshwar Nath Construction Private Limited (BABA2019) through its Director Manoj Kumar Shah, Gender-Male, Aged about 41 years, S/o- Dipalal Sah, Resident of- Kushahar, P.S.-Kushahar, District-Sheohar ... ... Petitioner/s
Versus
1.
The State of Bihar through Additional Chief Secretary, Department of Mines and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna 2.
The Mines Commissioner, Bihar, Patna.
3.
The Director Mines, Bihar, Patna 4.
The Collector, Sheohar.
5.
The Officer on Special Duty, Mines Department, Sheohar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Narayan Singh, Adv.
:
Mr. Suraj Kumar Tiwari, Adv.
For Mines :
Mr. Naresh Diskhit, Adv.
:
Ms. Shruti Singh, Adv.
For the Respondent/s :
Mr. Additional Advocate General (3) :
Mr. Saroj Kumar Sharma, AC to AAG3 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-07-2026 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the counsels.
2. Having regard to the fact that the petitioner is having an alternative and efficacious remedy of filing an statutory appeal under Rule 67(2) of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019, the present writ petition is disposed of granting liberty to the petitioner to file an appeal before the
Patna High Court CWJC No.1012 of 2026(3) dt.22-07-2026 2/2 Mines Commissioner (i.e., the respondent No. 2 herein) within a period of six weeks from the date of receipt of a copy of this order. On such appeal being filed, the authority shall consider the same in accordance with law and pass a reasoned orders within a period of eight weeks thereof.
3. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. Any orders passed shall be communicated to the party.
4. With the above direction, the present writ petition stands disposed of.
(A. Abhishek Reddy, J) Ayush/- U