PATNA, India, Sept. 1 -- Patna High Court issued the following judgment on Aug. 1:

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. 45,25,781/- has been levied, has been challenged on various counts, one of them being that it has been passed in complete violation of the principles of natural justice and, therefore, it is squarely covered by judgment dated 09.05.2023 passed in CWJC No. 3400 of 2023 by a co-ordinate Bench of this Court in the case of M/s Uma Associates vs The State of Bihar and Ors. Learned Senior Counsel has also relied upon another judgment of this Court delivered on 01.08.2024 in CWJC No. 9091 of 2023 in the case of Maa Bhawani Traders vs The State of Bihar & Ors.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTc0NDIjMjAyMyMxI04=-TlkQLgodzBU=

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