Authority: Patna High Court (Hon’ble Mr. Justice Sudhir Singh and Hon’ble Mr. Justice Ranjan Kumar Jha)

Order Date: 07-07-2026

Case Overview

  • Petitioner: M/s Shree Ganesh Medical Agency, a proprietorship firm, represented by Kalu Singh.
  • Respondents: (1) The State of Bihar through the Chief Secretary, (2) District Magistrate, Banka, (3) Mines Development Officer, Banka.
  • Relief Sought:

(a) Quash letter bearing reference No. 810/M dated 26.07.2024 issued by the Mines Development Officer, Banka.

(b) Quash letter bearing reference No. 109/M dated 05.02.2025 issued by the District Magistrate, Banka.

(c) Direct the District Magistrate, Banka to 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 – Mr. Gautam Kumar Kejriwal; Mines Department counsel – Mr. Naresh Dikshit (Special PP) and Ms. Shruti Singh; State counsel – Mr. Gyan Prakash Ojha, Mr. Manoj Kumar Ambastha, Mr. Santosh Kumar Mishra.

Final Outcome

  • The Court observed that the order under challenge is appealable under Rule 67 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.
  • The petitioner is directed to prefer an appeal, along with an application for stay of the order, within four weeks from receipt of this order.
  • If an appeal is filed, the competent appellate authority must consider and dispose of it by passing a reasoned order in accordance with law, after affording due hearing to all stakeholders within the statutory period prescribed under Rule 67(3).
  • Any application for stay filed concurrently shall be considered and an appropriate order passed.
  • With these observations, the present writ application is disposed of, and any pending applications, if any, also stand disposed.

Topics: Legal Proceedings, Mineral Auction