The main legal point established is the duty of the District Magistrate to take proactive measures, including establishing check posts and authorizing FIRs, to prevent illegal sand mining as per the Bihar Minor Mineral Concession Rules, 1972.

JUDGMENT :

SANJAY PRIYA, J.

1. In these writ applications, the petitioners seek following reliefs:

(i) For issuance of a writ, or direction in the nature of mandamus commanding the Respondents to authorize the representatives of the petitioners to lodge First Information Report in the Police Station against persons involved in illegal mining of sand from the sand ghats settled to the petitioners.

(ii) For issuance of a writ, order or direction in the nature of mandamus commanding the Respondents to promptly register First Information Report against persons involved in illegal mining of sand from the sand ghats settled to the petitioners and to take action against them.

(ii) For issuance of writ, order or direction in the natue of mandamus commanding the Respondents to authorize/permit the representatives of the petitioners to establish check posts and to check vehicles in order to ascertain whether the minor mineral i.e. sand loaded thereupon is being transported on the basis of a valid challans or not.

2. The petitioner of CWJC No. 4671 of 2019 is valid settlee of sand ghats on the river bed Sone in the District of Rohtas as well as Aurangabad for the year 2015-2019. Similarly, the petitioner of CWJC No. 6890 of 2019 is a valid settlee of sand ghats on the river in the district of Patna as well as Bhojpur for the year 2015-2019.

3. Heard Mr. Suraj Samdarshi, learned counsel for the petitioners, Mr. Naresh Dikshit, learned Special P.P. Mines and Mr. Gyan Praksh Ojha, G.A.-7 counsel appearing on behalf of the State.

4. Counsel for the petitioners submits that in pursuance of the Judgment and order dated 27.2.2012 passed by the Hon'ble Supreme Court in the case of Deepak Kumar Vrs. The State of Haryana, (2012) 4 SCC 629, the State of Bihar notified in the official Gazette its New Sand Policy, 2013 vide Memo No. 2214 dated 27.8.2013, by which several guidelines were laid down for sand mining in the State of Bihar. Photocopy of the aforesaid guidelines has been enclosed as Annexure-1 in both writ applications.

5. In pursuance of the aforesaid New Sand Policy, 2013, the Department of Mines and Geology, Government of Bihar, issued notification dated 22.7.2014 laying down the criteria and procedure for settlement of Sand Ghats by auction for five years i.e. with effect from 1.1.2015 to 31.12.2019.

6. The petitioners of both writ applications, in pursuance of the aforesaid advertisement, applied for the Sand Ghats and after following the due process of bid, they were declared as highest bidders and they were awarded tender. The work order was issued to the petitioners after completing various formalities. Pursuant to the agreement entered into between the parties, petitioners started mining sand and the same was sold on the strength of challan (transit pass) in terms of Rule 4 of the Bihar Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2003. The petitioners started selling sand to the transporters on the basis of the challans. The name of consignee was also being suggested by the transporters. The petitioners kept itself away from the business of sale to the consignee, rather the sale to the consignee was through the transporters. Thus, it was the transporter in each and every case who was aware of the consignee, the quantum required by the consignee and the price was being paid by the transporters at the Sand Ghat itself.

7. The petitioners pointed out that illegal sand mining is rampant in the District of Patna, Bhojpur, Rohtas and Aurangabad. The transporters while transporting sand on the basis of valid challan issued by the petitioners, at times, overloaded sand, which was illegally extracted by the third parties. Once such vehicle is intercepted, the normal presumption which the respondent authorities draw, is against the petitioners. In this regard various letters were written by the office bearer of petitioners' company in order to check the illegal mining of sand. But in spite of representations filed by the