This writ petition challenged an order imposing a penalty of Rs. 1,11,825 without a show cause notice. The High Court held the order violated natural justice principles and quashed it.
The impugned orders dated 25.10.2024 and 19.05.2025 are quashed. The petitioner is given liberty to file an application for quashing the FIR pending.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12112 of 2025
======================================================
M/s New Bhawani Food Products Meghpur, P.O.- Singhara, P.S- Mahua, District- Vaishali- 844126 through its proprietor Ms. Reena Devi, Aged about 38 years, Wife of Pappu Kumar Singh, Resident of Meghpur, P.S.- Mahua, District- Vaishali.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kanishk Kaustubh, Advocate For the State : Mr. Mujtabaul Haque, GP-12 Mr. Pranoy Kumar, AC to GP-12
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
4 02-12-2025
Heard learned counsel for the petitioner; learned
counsel for the State and learned counsel for the Mining Department.
“For setting aside the order contained in letter No. 1184 Dated 25.10.2024 as well as order contained in Letter No. 444/M. dated 19.05.2025 both issued with the signature of Mineral Development Officer, Vaishali whereby penalty of Rs. 111825/- has been directed to be paid in the Mining Head "0853" otherwise certificate proceeding shall be initiated.”
of Rs. 1,11,825/- has been imposed upon the petitioner without
Patna High Court CWJC No.12112 of 2025(4) dt.02-12-2025 2/2
issuing any show cause notice and without hearing the petitioner.
(Sandeep Kumar, J)
P. Kumar
U
1 issue framed by the court
Whether imposition of penalty without issuing show cause notice and without hearing the petitioner violates principles of natural justice.
1 provisions across 1 enactments
M/s New Bhawani Food Products Meghpur
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
