Authority: High Court of Judicature at Patna

Order Date: 07-07-2026

Case Overview

  • Petitioner: Eco Tech Coal Industries Private Limited, represented by Rakesh Kumar.
  • Respondents: State of Bihar (Chief Secretary), District Magistrate, Banka, and Mines Development Officer, Banka.
  • Relief sought:

(a) Quash letter 811/M dated 26.07.2024 issued by the Mines Development Officer, Banka.

(b) Quash letter 107/M dated 05.02.2025 issued by the District Magistrate, Banka.

(c) Proportionately reduce the auction amount in view of reduced area and quantity of product auctioned as per the tender document.

(d) Restrain the respondents from altering tender terms after the petitioner’s participation, which is impermissible.

(e) Declare that denial of proportional reduction amounts to unjust enrichment of the respondents and the State Government.

(f) Any other relief deemed appropriate.

  • Counsel: Petitioner's counsel Gautam Kumar Kejriwal; Mines Department counsel Naresh Dikshit (Special PP) and Shruti Singh; State counsel Gyan Prakash Ojha, Manoj Kumar Ambastha, and Santosh Kumar Mishra.

Final Outcome

  • The writ application is disposed of.
  • The petitioner is directed to prefer an appeal, along with an application for stay of the order under challenge, within four weeks from receipt of this order, invoking Rule 67 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.
  • The competent appellate authority shall consider and dispose of the appeal by passing a reasoned order in accordance with law, after affording a hearing to all stakeholders, within the statutory period prescribed under Rule 67(3).
  • If a stay application is filed together with the appeal, the appellate authority shall consider it and pass an appropriate order.
  • All pending applications, if any, are also ordered disposed.

Topics: Mining Tender Dispute, Regulatory Appeal