Dismissed¶32

Saurav Kumar v. The State of Bihar

Patna HC11 Dec 2025CWJC/12196/2025

Case brief

AI extract

What is this about?

Keywords: Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019; Rule 11; Rule 38; unauthorised quarrying; illegal operation of brick kiln; illegal excavation and manufacturing activities; Representations/Complaints disposal; reasoned and speaking order; private dispute between family members; disputed questions of fact; writ jurisdiction not entertainable; liberty to approach District Court; Bihar State Pollution Control Board; SEIAA Bihar; Bihar State Mining Corporation; Mines and Geology Department; Patna High Court; CWJC No.12196 of 2025; Sandeep Kumar, J; decided 11-12-2025; writ dismissed.

What did the court decide?

Liberty to the petitioners to approach the District Court for redressal of their grievances. ¶32

Saurav Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12196 of 2025

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Saurav Kumar son of Chandra Mani Singh, resident of Mohalla East Nand Gola, Malsalami, P.S. Malsalami, District Patna, Bihar.

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Gaurav Kumar son of Chandramani Singh, resident of Mohalla East Nand Gola, Malsalami, P.S. Malsalami, District Patna, Bihar.

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Chandramani Singh son of Late Karmu Singh, resident of Mohalla East Nand Gola Ghat, Naga Baba Ke Mandir, P.S. Malsalami, District Patna, Bihar.

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Babita Kumari wife of Chandramani Singh, resident of Mohalla East Nand Gola Ghat, Naga Baba Ke Mandir, P.S. Malsalami, District Patna, Bihar

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... ... Petitioner/s

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Versus

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1. The State of Bihar through the Secretary cum Mines Commissioner, Mines and Geology Department, Government of Bihar, Patna.

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1. The Bihar State Pollution Control Board, through the Secretary having its registered office at Parivesh Bhawan, Partliputra Industrial Area, Patna.

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1. The Bihar State Pollution Control Board, Parivesh Bhawan, Partliputra Industrial Area, Patna through its Chairman.

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1. The Member Secretary, Bihar State Pollution Control Board, Parivesh Bhawan, Partliputra Industrial Area, Patna.

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1. The Chairman, Bihar State Environment Impact Assessment Authority Bihar, 2nd Floor, Bolton Bhawan, Shastri Nagar. Patna 800023.

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1. The Managing Director, Bihar State Mining Corporation Ltd., Government of Bihar, Patna.

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1. The Managing Director, Bihar State Mineral Development Corporation Ltd., Government of Bihar, Patna.

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1. The Director, Mines and Geology Department, Government of Bihar, Patna. 9. The Chief Executive Officer, Bihar State Mining Corporation Ltd., Government of Bihar, Patna.

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1. The District Collector, Collectorate, Patna. 11. The Sub Divisional Officer, Patna City, Patna. 12. The Circle Officer, Patna City, Patna. 13. The District Mining Officer, Patna. 14. The Mineral Development Officer, District Mining office, Patna. 15. Rakesh Kumar, son of Chandramani Singh, residence of Purbi Nandgola, Patna City, Patna 800008

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1. Mukesh Kumar Singh son of Chandramani Singh, residence of Purbi Nandgola, Patna City, Patna 800008.

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... ... Respondent/s

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Patna High Court CWJC No.12196 of 2025(3) dt.11-12-2025 2/3

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Appearance : For the Petitioner/s : Mr. Ansh Prasad, Advocate Mr. Shubham Prakash, Advocate For the Respondent/s : Mr. Standing Counsel (25) For the Mines : Mr. Naresh Dikshit, Spl. PP Mr. Brij Bihari Tiwari, Advocate Ms. Shruti Singh, Advocate For SEIAA : Mr. Kumar Ravish, Advocate For the Pollution Board : Mr. Abhimanyu Singh, Advocate For Mines Corporation : Mr. Ranjeet Kumar Pandey, Advocate For the private resp. : Mr. Akshansh Ankit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 11-12-2025 Heard the learned counsels for the parties.

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2 . This application has been filed on behalf of the

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petitioners above named seeking the following reliefs:-

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i . Commanding the Respondent Authorities to take appropriate action and initiate proceedings against the Private Respondents for unauthorised quarrying and illegal operation of the brick kiln, in contravention of Rule 11 read with Rule 38 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019; ii . Commanding upon the Respondent Authorities to take necessary steps for stopping all illegal excavation and manufacturing activities on the private property of the undersigned;

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iii . Commanding upon the Respondent Authorities to dispose off the Representations/ Complaints dated 06.12.2024, 10.12.2024, 14.12.2024, 06.05.2025 and 26.05.2025 by passing a reasoned and speaking order.

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3 . The dispute between the parties appears to be

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private dispute between family members. This kind of private

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Patna High Court CWJC No.12196 of 2025(3) dt.11-12-2025 3/3

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dispute and the disputed questions of fact cannot be entertained in a writ jurisdiction.

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4 . Accordingly, this application is dismissed with liberty to the petitioners to approach the District Court for redressal of their grievances.

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(Sandeep Kumar, J)