JUDGMENT :

The present writ petition was initially filed for quashing the letter dated 27.12.2019 issued by the respondent Special Secretary-cum-Director, Mines & Geology Department, in exercise of Rule 77(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 (hereinafter referred to as ‘the Rules, 2019’) whereby the settlement period of settlees of sand ghat in the State of Bihar, which was ending on 31.12.2019, had been extended till 31.10.2020, as also to direct the respondents to allow the petitioner to conduct the mining activity at the Aurangabad Sone sand ghat bearing no. 32. The petitioner had also prayed to hold that the settlement term of the respondent no. 8 cannot be extended and no other person can be allowed to conduct mining of sand in the District of Aurangabad without having obtained an environmental clearance from the competent authority. Subsequently the petitioner had also prayed for quashing the decision of the Government of Bihar dated 29.12.2020 whereby the settlement period of the existing settlees of sand ghat in the State of Bihar has been extended till 30.03.2021. However, with the efflux of time, the petitioner has now confined his relief and only seeks a direction upon the respondent authorities to refund the earnest money, security money and other amounts deposited by the petitioner for the settlement of sand ghat no. 32 in the Aurangabad district pursuant to the auction held in the year 2019, inasmuch as despite repeated request made by the petitioner, the respondent authorities have failed to issue work order in favour of the petitioner. In such view of the matter, the writ petition has accordingly stood amended by an order dated 22.06.2021 passed by this Court in the present case.

2. The brief facts of the case according to the petitioner are that in light of the new sand policy, 2013 the respondent Department of Mines and Geology, Government of Bihar (herein after referred to as the "respondent Mines Department") had issued a notification dated 22.07.2014 by which criteria and procedure for settlement of sand mines for the period 01.01.2015 to 31.12.2019 was published in the official gazette. The State Government had then, in exercise of its power conferred by section 15 of the Mines & Minerals (Development & Regulation) Act, 1957, had amended the Bihar Minor & Minerals Concession Rules, 1972 to bring it in consonance with the new sand policy, 2013 and the amendment had come into effect from 11.08.2014. In view of the fact that the settlement of the earlier successful bidders was in light of the aforesaid policy of the State Government, an advertisement was published on behalf of the Mines & Geology Department for settlement of sand ghats by auction for a period of five years i.e. from 01.02.2015 to 31.12.2019. The settlement of the successful bidders ended on 31.12.2019 and for the period 2013-19, private respondent no. 8 was the settlee for the district of Aurangabad. In the meantime, the State Government formulated the Bihar Sand Mining Policy, 2019 which was notified on 14.08.2019 and was made applicable with immediate effect. The respondents then came out with the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 which was published in the gazette on 17.09.2019. The respondents had then published a notice inviting e-auction for settlement of 40 sand ghats in the district of Aurangabad. The e-auction was held on 26.12.2019 and the auction of 16 sand ghats was finalized. The petitioner had also participated in the auction process and was declared highest bidders “for Aurangabad Sone sand ghat No. 32”. The Mineral Development Officer, Aurangabad had then issued letter dated 30.12.2019, directing the petitioner to deposit a sum of Rs. 3,20,50,000/-being the auction amount, qua the settlement of the sand ghat in question. Nonetheless, the Special Secretary-cum-Director, Mines & Geology Department, b