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2026 DAILYLAW 29516 (PAT)

Pankaj Kumar Sharma v. The State of Bihar

CWJC/2447/2026 · 2026-08-18

Rajiv Roy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2447 of 2026 ====================================================== Pankaj Kumar Sharma Son of Arjun Prasad Sharma, Resident of Mohalla- Khandpar, P.O. and P.S.-Sheikhpura, District- Sheikhpura. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Additional Chief Secretary, Mines and Geology Department, Government of Bihar, Patna. 3. The Additional Chief Secretary, Home Department, Government of Bihar, Patna. 4. The Assistant Director, Mines and Minerals Department, Government of Bihar, Patna. 5. The District Magistrate, Nalanda at Biharsharif. 6. The Superintendent of Police, Nalanda at Biharsharif. 7. The Minerals Development Officer, District Mining Office, Nalanda at Biharsharif. 8. The Mining Inspector, District Mining Office, Nalanda at Biharsharif. 9. The State House Officer, Giriyak Police Station, Nalanda at Biharsharif. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shyam Kishore, Advocate For the Respondent/s : Mr. Government Advocate (7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 18-08-2026 Heard the parties. 2. The present petition has been preferred for the following relief(s): “(i) For issuance an appropriate writ in the nature of CERTIORARI for quashing/setting- aside Letter No. 5645 dated 07.10.2025 whereby and where under the Respondent No. 2 has issued direction to take punitive action against all K- Patna High Court CWJC No.2447 of 2026(3) dt.18-08-2026 2/3 License holders including the Petitioner for alleged ground of unauthorized sale beyond the permissible limit is false, baseless and without evidentiary support, especially when stock of sand was not existing at the Petitioner's site at the relevant time. (ii) For issuance of an appropriate in the nature of MANDAMUS commanding and directing the Respondent Authorities to hold that the blocking /closing the Petitioner's ID and password appertaining to Sand Storage License Nos. K- NALANDA/24/2025 (2314860306) valid till 31.12.2029 without issuing any notice or opportunity of hearing are arbitrary and illegal action. (iii) For issuance of a writ in the nature of MANDAMUS commanding and direction the Respondent Authorities to immediately restore the Petitioner's ID and password and allow him to continue the said lawful business under his valid license. Patna High Court CWJC No.2447 of 2026(3) dt.18-08-2026 3/3 (iv) For holding that the alleged ground of unauthorized sale beyond the permissible limit is not at all applicable in the Petitioner's case. (v) For issuance of any other relief/s which the Petitioner is found entitled to.” 3. On 26.03.2026, an order was passed to remove the defect(s) within a period of three weeks. 4. As it was a peremptory order and the defect(s) was not removed, it got dismissed on 16.04.2026. 5. Perused the file and the same stands consigned. Adnan/- (Rajiv Roy, J) U