Natural justice requires that no penalty be imposed without giving the affected party a fair opportunity to be heard.

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

6 11-12-2025 Heard the learned counsel for the petitioner, the learned counsel for the State and the learned Spl. PP for the Mining Department.

2. The present writ petition has been filed on behalf of the petitioner seeking the following relief(s):-

(1) That to direct the respondent to not to harass the Petitioner by illegal fine except under Law & further direct the respondent to withdraw illegal fine extracted (1) without any opportunity of Hearing (2) under pressure of arrest by way of Criminal Case & declare recovery of Rs. 15,47, 550/as illegal since recovery was undertaken in ransom mode by Local authority since Collector issued Show cause on 13.12.24 asking some Lapses & before receiving the reply the Respondent registered FIR & the Petitioner's House was fenced like hardcore Criminal & compel the Petitioner to deposit Rs. 15,47, 550/ as such declare recovery of Rs. 15,47, 550/ from the Petitioner an illegal action, & further declares that the recovery of Rs. 15,47, 550/was illegal & by excessive exercise of Power against the Provisions of Bihar minerals (concession, prevention of illegal mining, transportation & storage)

rules, 2019;

(ii) That for issuance of appropriate writ, order or direction of writ in the nature of Certiorari quashing the Letter No. 741Dated 19.12.24 by which fine of Rs. 13,52,166/ was imposed upon the Petitioner whereas neither any videography or CCTV footage was supplied to the Petitioner nor any other evidences were supplied with the letter similarly letter No. 733 dated 13.12.24 was issued asking reply to Show Cause & within 24 hours FIR was registered against the Petitioner without supplying CCT Footage, Videography etc. & Rs. 15,47,550/ was recovered as such a declaration be issued commanding the respondents that Recovery of Rs.15,47,550/ & the imposition of fine of Rs. 13,52,166/ is highly illegal, arbitrary & malicious exercise of Power;

(iii) That for issuance of appropriate writ, order or direction of writ in the nature of mandamus commanding the respondent that imposition of fine for the Sand pool outside the Leased area at Prithvichak Sand Ghat is highly illegal as such a declaration be issued that realization of fine of Rs. 8,21,066/From the Petitioner is highly illegal;

(iv) That for issuance of appropriate writ, order or direction of writ in the nature of mandamus commanding the respondent that imposing Fine of Rs. 5,00,000/ Under 30(1) for the none production of Updated register whereas there was Computer generated records at the Sandghat as such a declaration beIssued that imposition of Fine of Rs. 5,00,000/

Under 30(1) is illegal;

(v) That for issuance of appropriate writ, order or direction of writ in the nature of mandamus commanding the respondent to direct the Superintendent of Police to ensure safety of sandghat by effective policing of the area instead punishing the Petitioner under estimate & presumption since & further desist from demanding any illegal financial favor with ulterior motive, for which the petitioner is being harassed;

(vi) That the respondent be permanently restrained from harassing the petitioner on the basis of presumption under the aforesaid circumstance & the reasons shown hereinafter.

3. Earlier a penalty of Rs. 15,47,550/- was imposed upon the petitioner which the petitioner has already deposited. Subsequently, again a penalty of Rs. 13,52,166/- has been imposed upon the petitioner by Letter No. 741 dated 19.12.2024 which has been challenged by the petitioner.

4. The penalty order vide Letter No. 741 dated

19.12.2024 has been passed after giving show-cause notice vide Letter No. 732/M dated 13.12.2024 to the petition