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2026 Supreme(Pat) 285

IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Batsha Khatoon W/o Late Md. Israil – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant : Aastha Ananya
For the Respondents: Kumar Manish, Arun Kumar Prasad, Naresh Dikshit, Brij Bihari Tiwari, Shruti Singh, Utsav Anand, Utkarsh Pathak

JUDGMENT :

SANDEEP KUMAR, J.

1. By way of this writ petition, the petitioners have prayed for the following reliefs:-

“i. For issuance of a writ, order or direction in the nature of certiorari to quash the order as contained in memo no.4878 dated 20.11.2024 passed in Miscellaneous Case No. 04 of 2024 by the respondent no.3 whereby the representation dated 05.08.2024 filed by the petitioners for refund of the amount of Rs.1,26,14,190/- with interest has been rejected on non est ground which order is arbitrary, illegal and unsustainable.

ii. For issuance of a writ, order or direction in the nature of mandamus commanding the respondents to hold and declare that after the setting aside of the order as contained in memo no.4878 dated 20.11.2024 passed in Miscellaneous Case No.04 of 2024 by the respondent no. 3, the petitioners are entitled for refund on pro rata basis the bid amount for the period 07.02.2019 to 08.06.2019 i.e. the period in which the petitioner was precluded from carrying out the mining activities on account of unwarranted, invalid and illegal order of cancellation of settlement which was subsequently set aside on merits and thus, the petitioners are entitled for a refund o

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