Patna High Court - Orders
Hari Construction And Associates Pvt ... vs The State Of Bihar on 17 June, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7887 of 2025
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Hari Construction and Associates Pvt Ltd a compnay incorporated under the
Companies Act, having it office at Keshawe, P.S. Barauni, District- Begusarai,
through its authorised representative Sanjeev Kumar, about 54 years (Male),
son of Rama Kant Chaudhary, Resident of Ward No.23, Road no. 1, Laxmi
Nagar, P.S. Town, Begusarai, Bihar 851101. ... ... Petitioner/s
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 Assistant Director, District Mining Office, Khagaria.
5. The Mineral Development Officer, District Mining Office Khagaria.
6. The Deputy Railway Manager, East Central Railway, Railway Division
Sonpur.
7. The Deputy Chief Engineer, Construction (II), Railway Division Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Avinash Shekhar,
Ms. Simran Kumari, Advocates.
For the State-Respondent/s: Mr. Yogendra Pd. Sinha, AAG-7
For the Mines Mr. Naresh Dikshit, Spl PP
For Railways : Mr. Ratnesh Kumar, CGC
: Ms. Kalpana, Adv.
Mr. Aditya Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-06-2025Heard Mr. Avinash Shekhar, learned counsel for the petitioner, Mr. Yogendra Pd. Sinha, learned AAG-7 for the State, Mr. Naresh Dikshit, Special PP for the Mines Department as also learned counsel appearing for the Railways.
2. Learned counsel for the petitioner submits that he has filed the present writ application for quashing the letter no. 374 dated 26.06.2024 issued by Respondent, Assistant Director- Patna High Court CWJC No.7887 of 2025(2) dt.17-06-2025 2/2 cum-In charge Mineral Development Officer, Khagaria whereby and whereunder a penalty of Rs. 6,40,18, 250/- (Rupees Six Crore Forty Lakh Eighteen Thousand Two Hundred And Fifty only) has been levied upon the petitioner for allegedly excavating 70543.50 cubic meter soil.
3. The petitioner has also prayed that during the pendency of the writ application, the Respondents be directed not to forcibly recover the penalty amount.
4. Although the petitioner has prayed for grant of interim relief in his favour but no documents have been produced to show that the Respondents are taking any kind of steps for immediate recovery of the penalty amount.
5. Learned counsel appearing for the Mines Department as well as that of Railways and State pray for four weeks time to file counter affidavits.
6. As prayer for, four weeks time is granted to all the Respondents to file their respective counter affidavits.
7. Post this matter after six weeks on 5 th day of August, 2025.
(Alok Kumar Sinha, J) perwez U