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2025 Supreme(Online)(Pat) 4744

PATNA HIGH COURT
Sandeep Kumar, J
Kundan Kumar – Appellant
Versus
The State of Bihar through Principal Secretary Department of Mines and Geology Bihar Patna – Respondent


Advocates:
For the Petitioner/s: Mr. Diwakar Prasad Singh
For the Respondent/s:Mr. Standing Counsel (28), Mr. Naresh Dikshit, Spl. PP, Mr. Brij Bihari Tiwari, Advocate, Ms. Shruti Singh, Advocate

Table of Content
1. imposition of penalties requires adherence to due process and fair hearing. (Para 2 , 3)
2. violating natural justice principles renders penalty orders unsustainable. (Para 5)
3. the application was partly allowed with specific directions for further proceedings. (Para 6 , 7 , 8)

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, 55

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