IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17509 of 2024 ======================================================

M/s Jai Bhagwati Mines a partnership firm having its office at 3F Siddarth Market, Lal Kothi Compound, Near Civil Lines, Gaya, through its authorised signatory, Sanjeeva Shyam Singh, aged about 59 years (male), son of Ghanshyam Prasad Singh, Resident of HIG 57, Chanakya Puri Colony, P.S.

Rampur, District Gaya.

... ... Petitioner 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 Director, Mines and Geology Department, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.

4. The District Magistrate, Gaya.

5. The Mineral Development Officer, Gaya.

6. Bihar State Mining Corporation Limited, Through its Managing Director, Room No. 164, Vikas Bhawan, (New Secretariate), Bailey Road, Patna

800015.

7. The Managing Director, Bihar State Mining Corporation Limited, Room No.

164, Vikas Bhawan, (New Secretariate), Bailey Road, Patna 800015.

... ... Respondents ======================================================

Appearance :

For the Petitioner : Mr. Suraj Samdarshi, Advocate For the State : Mr. Majid Mahboob Khan, A.C. to AAG-12 For the B.S.M.C.L. : Mr. Ranjeet Kumar Pandey, Advocate Mr. Rajesh Kumar, Advocate For the Mines Department: Mr. Naresh Dikshit, Spl. P.P.

Ms. Shruti Singh, Advocate Mr. Utkarsh Pathak, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR C.A.V. JUDGMENT Date : 12-03-2026 By way of this writ petition, the petitioner has prayed for the following reliefs:-

“i. To issue an appropriate writ, order or direction in the nature of certiorari for quashing the notice contained in memo no.2772 dated 20.09.2024 intimating the petitioner regarding Revision Case No. 01/2024 started before Respondent Mines Commissioner against the order contained in memo no.1784 dated 21.05.2024 passed by the Mineral Development Officer, Gaya consequent to order dated 21.09.2023 passed by this Hon'ble Court in CWJC No.

8436/2023.

ii. This Hon'ble Court may adjudicate and hold that Revision Case No.01/2024 is fraught with arbitrariness, started in violation of the provisions of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019 and is therefore bad in the eyes of law.

iii. This Hon'ble Court may adjudicate and hold that no revision could lie against the order of the Respondent Mineral Development Officer, Gaya which was passed in pursuance of the order dated 21.09.2023 passed by this Hon'ble Court in CWJC No.8436/2023 that too after conducting a fresh enquiry.

iv. This Hon'ble Court may further adjudicate and hold that the respondents cannot approbate and reprobate at the same time.

v. This Hon'ble Court may further adjudicate and hold that having accepted the payment of Rs.6,81,494/-as penalty levied by the Mineral Development Officer, Gaya that too without any protest, it did not lie with the Respondents to prefer revision against the order contained in memo no. 1784 dated 21.05.2024 passed by the Respondent Mineral Development Officer, Gaya.

vi. To award any other relief or reliefs for which the petitioner is found entitled in the facts and the circumstances of the case.”

2. The respondent-Bihar State Mining Corporation Limited (for short “BSMCL”) published a notice inviting e-auction for selection of sub-contractors for operation of sand ghats in the district of Gaya. The petitioner participated in the said tender process and being the highest bidder he was allotted Khijarsarai sand ghat after quoting Rs.77,71,363/- in the bidding process. Thereafter, a Letter of Intent was issued to the petitioner indicating the term of contract till 31.03.2022. The term of contract was extended from