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2025 Supreme(Online)(Pat) 2005

PATNA HIGH COURT
Sandeep Kumar, J
M/s Siyaram Construction through its partner Amit Kumar – Appellant
Versus
The State of Bihar through Additional Chief Secretary-cum-Commisioner and Mines Geology Department – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Shambhu Narayan Singh
For the Respondents: Mr.Gyan Prakash Ojha (GA-7), Mr. Ranjeet Kumar Pandey, Mr. Naresh Dikshit

Table of Content
1. arguments regarding the violation of natural justice. (Para 2 , 3)
2. writ petition filed for quashing penalty order. (Para 4)
3. court observations on the inspection process. (Para 6 , 7)
4. final ruling quashing the penalty and allowing a fresh inspection. (Para 8 , 9)

ORAL JUDGMENT

Date : 02-12-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Mines Department.

2. Mr. Naresh Dikshit, learned counsel for the Mines Department has relied upon the judgment passed by the Hon’ble Supreme Court in the case of Rikhab Chand Jain versus Union of India and Others reported in 2025 SCC Online SC 2510 and submitted that there is an alternative remedy of appeal and therefore, this writ petition should not be entertained on the ground of alternative remedy.

3. Learned counsel for the petitioner has submitted that since the principle of natural justice has not be followed the present writ petition of the petitioner is maintainable and he cannot be asked to go in appeal.

4. The present writ petition has been filed for the following reliefs:-

“1. For issuance of an appropriate writ to quash the order dated 06.03.2022 (Annexure-2)

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