Abstergo Buildcon Private Limited Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Abstergo Buildcon Private Limited Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to approach the Collector, Arwal (appeal against the MDO's order) within four weeks, with any delay in filing the appeal to be condoned; interim developments to remain subject to the Collector's final order.

Issue for consideration

Whether the blocking/closing of the petitioner's I.D. and password appertaining to its sand Storage License without notice or opportunity of hearing was arbitrary and illegal, warranting quashing and restoration. +2 more

Ratio / Principle

In the background of the Mines Department's submission that the impugned order is appealable before the Collector, Arwal, the writ petition is disposed of, allowing the petitioner to approach the concerned Collector, Arwal within four weeks, and directing that any delay in filing the appeal must be condoned as the petitioner was agitating the matter before the Patna High Court.

Key takeaways

Any development taking place in the interregnum shall be subject to the final outcome of the order to be passed by the Collector, Arwal.ratio¶35

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), oral order dated 23-04-2026 in CWJC No.2068 of 2026: Abstergo Buildcon Private Limited petitioned for quashing of the arbitrary blocking/closure of its I.D. and password under its sand Storage License without notice or hearing, for quashing of letter no. 5645 dated 07.10.2025 (directing punitive action against all K-license holders for alleged unauthorized sale beyond the permissible limit) so far as it related to the petitioner, and for restoration of its I.D./password. The impugned order had been passed by the Mineral Development Officer, Arwal, communicated vide memo no. 328 dated 07.02.2026. Learned counsel for the Mines Department submitted that the order in question is appealable before the Collector, Arwal (respondent no.4). On that basis, the Court disposed of the writ petition, permitting the petitioner to approach the Collector, Arwal within four weeks, directed that any delay in filing the appeal be condoned since the petitioner had been agitating the matter before the Patna High Court, and kept any interim developments subject to the final outcome of the order to be passed by the Collector, Arwal.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2068 of 2026

======================================================

Abstergo Buildcon Private Limited Vill- Bahadurpur, Mauja NameBahadurpur, Mauza No- 123, Block- Arwal, P.S.- Parasi, District- Arwal through its Director namely Prakash Kumar, (Male), aged about- 30 years, Son of Pramod Singh, R/o- Village- Hinu, Ratu Road, P.O.- Ratu Road, P.S.Ratu Road, District- Ranchi.

... ... Petitioner/s

Versus

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

The Secretary, Department of Mines and Geology, Government of Bihar, Patna.

The Director, Department of Mines and Geology, Government of Bihar, Patna.

The District Magistrate, Arwal.

The Mineral Development Officer, District Mining Office, Arwal.

The Mining Inspector, District Mining Office, Arwal.

The Officer-in-Charge, Parasi Police Station, Arwal.

... ... Respondent/s

======================================================

Appearance : For the Petitioner/s : Mr. Prashant Kumar, Advocate : Mr. Manish Kumar, Advocate For the State : Mr. Standing Counsel (01) For the Mines Dept. : Mr. Naresh Dikshit, Spl. PP Mines : Ms. Shruti Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 23-04-2026

Heard Mr. Prashant Kumar, learned counsel for the

petitioner and Ms. Shruti Singh, learned counsel representing the Mines Department.

The present petition has been preferred for the grant of following relief(s):

“(i) for issuance of a writ in the nature of Mandamus for quashing the arbitrary and illegal action of the respondent authorities in blocking/closing the petitioner's I.D. and

Patna High Court CWJC No.2068 of 2026(2) dt.23-04-2026 2/3

password appertaining to its sand Storage License without any notice opportunity of hearing.

(ii) for quashing the letter no. 5645 dated 07.10.2025, so far as it relates to the petitioner, by which a direction has been issued to take punitive action against all K-license holders for alleged ground of unauthorized sale beyond the permissible limit is false, baseless, and without evidentiary support, especially when no stock of sand existed at the petitioner's site at the relevant time.

(iii) for issuance of a writ in the nature of mandamus. commanding and directing the respondent authorities to immediately restore the petitioner's I.D and password and allow him to carry on lawful business under his valid license.

(iv) for holding that the alleged ground of unauthorized sale beyond the permissible limit is not all applicable in the case of petitioner.

(v) for issuance of such other order or direction as the petitioner may be found entitled

Patna High Court CWJC No.2068 of 2026(2) dt.23-04-2026 3/3

to in the facts and circumstances of the instant case.”

An order has been passed by the Mineral Development Officer, Arwal communicated vide memo no. 328 dated 07.02.2026.

The counter affidavit is on record duly filed on behalf of the respondent nos. 1 to 6.

Learned counsel representing the Mines Department submits that the order is question is appealable before the Collector, Arwal (respondent no.4).

In that background, the writ petition is disposed of allowing the petitioner to approach the concerned Collector, Arwal in next four weeks and if such petition is filed, any delay in filing the appeal must be condoned as the petitioner was agitating the mater before the Patna High Court.

Any development that will takes place in between shall be subject to the final outcome of the order passed by Collector, Arwal.

(Rajiv Roy, J)

vinayak/-

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