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2026 Supreme(Pat) 168

IN THE HIGH COURT OF JUDICATURE AT PATNA 
SANDEEP KUMAR, J.
Star Stone Crusher, through one of its Partner Budh Ram Sharma – Petitioner 
Versus
The State of Bihar through the Additional Chief Secretary, Department of Mines and Geology – Respondent
Civil Writ Jurisdiction Case No.5104 of 2025 with Civil Writ Jurisdiction Case No. 5112 of 2025 with Civil Writ Jurisdiction Case No. 5118 of 2025 with Civil Writ Jurisdiction Case No. 5147 of 2025 with Civil Writ Jurisdiction Case No. 5328 of 2025 with Civil Writ Jurisdiction Case No. 5746 of 2025 
Decided On : 20-01-2026

Advocates Appeared:
For the Petitioner:Mr. Gautam Kumar Kejriwal, Advocate, Mr. Aditya Raman, Advocate, Mr. Alok Kumar Jha, Advocate, Mr. Mukund Kumar, Advocate, Mr. Akash Kumar, Advocate, Ms. Preety Choudhary, Advocate
For the Respondents:S.C.-23, Mr. Naresh Dikshit, Spl. P.P. Mr. Brij Bihari Tiwari, Advocate, Ms. Shruti Singh, Advocate, Mr. Kumar Ravish, Advocate

JUDGMENT :

SANDEEP KUMAR, J.

Since all these writ petitions are involving same and similar issue with respect to other clusters of sand ghats in Madhubani and Banka Districts, they have been heard together and are being disposed of by this common judgment.

2. As the facts of these writ petitions are same and similar, for the convenience, the facts of C.W.J.C. No.5104 of 2025 are being taken as a leading case.

3. By way of these writ petitions, the petitioners have prayed for the following reliefs:-

“a). For issuance of a writ in the nature of certiorari for quashing of the agenda item number 6 minutes of meeting dated 03.08.2024 of the State Expert Appraisal Committee (hereinafter referred to as “SEAC” for short) which is a part of the State Environment Impact Assessment Authority (hereinafter referred to as the competent authority for short) whereby the proposal for grant of environmental clearance to the sand ghats of the petitioner has been recommended in gross violation of appendix - V read with a paragraph 7 of the EIA Notification number 1533 dated 14.09.2006 as no 15 clear days' notice was given to the petitioner and thereby the petitioner has been denied opportunity of his participation and necessary deliberation before such a recommendation;

b) For further issuance of a writ or order or a direction in the nature of certiorari for quashing of the environmental clearance issued by the respondent competent authority vide letter dated 17.01.2025 along with the relevant decision in the minutes of meeting dated 07.01.2025 as the same is in teeth of appendix - V read with a paragraph 7 of the EIA Notification number 1533 dated 14.09.2006;

c) For further issuance of a writ or order or a direction in the nature of certiorari for quashing of the letter bearing memo number 61/M Madhubani dated 24.01.2025 issued by the respondent Mines Development Officer, Madhubani seeking necessary steps to be taken by the petitioner for obtaining clearances in the nature of CTE and CТО from the Bihar State Pollution Control Board with respect to the sand ghats settled in favour of the petitioner in light of the environmental clearance dated 17.01.2025 issued by the competent authority;

d) For further issuance of a writ or order or a further direction upon the respondent state expert appraisal committee to reconsider the project of the petitioner from the stage of "appraisal" and award an adequate opportunity of hearing to the petitioner by issuing prior notice in accordance with appendix V of the ΕΙΑ notification number 1533 dated 14.09.2006;

e) For further restraining the respondents especially the respondent Department of Mines and Geology and its authorities from taking any coercive action against the petitioner due to non-compliance and non-observance of the necessary formalities for obtaining other clearances for mining activities with respect to the sand ghats settled in favour of the petitioner as a result of grant of environmental clearance by the competent authority;”

4. It is the case of the petitioners that the Department of Mines and Geology, Government of Bihar, had published a tender for settlement of sand ghats in the clusters of Madhubani and Banka districts, in which the petitioners had participated and being the highest bidders were awarded the settlement of respective sand ghats for a period of five years. Subsequently, Letter of Acceptance was issued to the petitioners and thereafter, the petitioners have submitted their respective mining plans before the competent authority. As per the terms and conditions of the tender notice, the petitioners have submitted applications before the State Environment Impact Assessment Authority, Bihar (SEIAA) for grant of environmental clearance with respect to the sand ghats, the mining rights of which were awarded after the conclusion of the auction process. The petitioners have submitted applications for grant of environmental clearance for which the procedure has been prescribed in the EIA notifi

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