IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17442 of 2023 ======================================================

M/s Shri Vijay Kumar Singh, a Partnership firm Company Registered Under the Partnership Act, 1956 having its registered Office at-In front of District Veterinary Hospital, Ambikapur, P.S. Ambikapur District Sarjuga, Chattisgarh, through its Partner Vikas Singh aged about 49 Yeats, S/o Shri Awadh Bihari Singh, resident of In front of District Veterinary Hospital, Ambikapur, P.S. Ambikapur District Sarjuga, Chattisgarh, ... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.

2. The Principal Secretary, Cum Mines Commissioner, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.

3. The District Magistrate, Gaya.

4. The Mineral Development Officer, Gaya.

5. The District Mining Officer, Gaya.

6. The Bihar State Mining Corporation Limited, through its Managing Director, Room no. 164, Vikas Bhawan, (New Secretariat, Bailey Road, Patna.

7. The General Manager, Bihar State Mining Corporation Limited, Room no.

164, Vikas Bhawan, (New Secretariat), Bailey Road, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Singh, Sr. Adv For the State : Mr. Anil Kumar Verma, AC to AAG-9 For the Mines Dept. : Mr. Naresh Dixit, Adv For Res. Nos. 6 & 7 : Mr. Ranjeet Kumar Pandey, Adv ======================================================

CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA

CAV JUDGMENT

Date : 01-08-2025 Heard Learned Senior Counsel Mr. Rajeev Kumar Singh for the petitioner, learned counsel Mr. Naresh Dixit for the Mines Department, learned counsel Mr. Ranjeet Kumar Pandey for Respondent Nos. 6 and 7 and learned counsel Mr.

Anil Kumar Verma for the State.

2. The present writ application has been filed seeking the following reliefs:

(i) To issue an appropriate writ, order or direction in the nature of certiorari quashing Letter No. 403 dated 06.03.2023 issued by the Respondent General Manager, Bihar State Mining Corporation Ltd. (Respondent No. 7) whereby and whereunder a penalty of Rs. 45,25,781/- has been levied upon the petitioner for irregularities alleged to have been committed by the petitioner during mining activity at Parewa and Kenduai sand ghats (Cluster No. 11) on river Falgu in Gaya District.

(ii) This Hon'ble Court may further adjudicate and hold that Letter No. 403 dated 06.03.2023 issued by the Respondent No. 7 is bad in the eyes of law since the same has been issued in glaring violation of the principles of natural justice as the petitioner has not been afforded any show cause whatsoever to controvert the allegations upon which the penalty has been levied nor has been provided with a copy of the report of the so called inspection conducted by the authorities been provided or any other opportunity of hearing prior to the impugned letter imposing penalty.

(iii) This Hon'ble Court may further adjudicate and hold that the imposition of penalty upon the petitioner is in violation of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.

(iv) To issue an appropriate order or direction upon the Respondent authorities to refund the amount of the abovementioned penalty that has already been deposited by the petitioner to save its skin and save the huge investment already made in taking settlement of the sand ghats in question since the authorities of the mining department and the Bihar State Mining Corporation had stopped issuing e-challans immediately after orders imposing penalty were passed.

(v) To grant any other relief or reliefs which the petitioner may be found entitled to in the facts and circumstances of the case.

3. Learned Senior Counsel for the petitioner submits that the impugned Letter No. 403 dated 06.03.2023 whereby penalty of Rs. 45