Patna: The high court on Tuesday stayed the tender bid process under the new sand sale and mineral policy, the Bihar Minor Mineral Rules, 2017.

A division bench of Chief Justice Rajendra Menon and Justice Anil Kumar Upadhyay passed the order while hearing a plea by Puspa Singh and another one challenging the new sand policy that came into effect from December 1. Nine other similar pleas were filed against the policy.

On November 27, the same bench had stayed the new policy till further orders saying it was formulated without evaluating problems it might create. The court had ordered continuation of the older policy.

But the state government enforced the new rules from December 1 and continued passing orders in support of the new policy. This irked the court, which on December 11 issued a notice to principal secretary of mines and geology, K.K. Pathak, for contempt of court.

On Tuesday, the bench stayed the tender process. "Our previous order stands. But, those... still aggrieved by... sale and supply of sand... are free to approach the writ court (single bench) for redress...," advocate Dinesh Kumar, who had filed an interlocutory application and was assisting the court in the matter, read from the court order.

Earlier this year, a single bench of Justice Jyoti Saran had set aside cancellation of a company licence by the Patna district magistrate (DM) and sent it back to him for reconsideration. But DM Sanjay Kumar Agarwal again cancelled the licence, which was challenged in the court of the division bench of Chief Justice Menon. The bench is presently hearing the case along with other similar petitions, including one filed by Puspa Singh. The next hearing of the case is on January 5.

While hearing of all these similar petitions will take place in the court of Justice Saran, the petition challenging validity of the new policy will be heard in the court of Chief Justice Menon on January 9, said senior lawyer Y.V. Giri. He had earlier argued the case on behalf of the company in Saran's court.

The petitioners have challenged Bihar Minor Mineral Rules 2017 on the ground that provisions of Rule 35, 37 and Rule 63 (2) of the new policy were ultra vires to the law and were brought in in a hurry and consist of several bottlenecks. The state has arrogated itself the right to fix prices for the sale of sand and minor minerals, the petitioners had told the court.

The state government had framed Bihar Minor Mineral Rules 2017, under the power conferred upon the state vide section 15 of the Mines and Minerals (Development and Regulation) Act 1957, to regulate the mining and selling of sand and stone chips in Bihar, triggering protests from a number of firms and individuals who were engaged in mining and sale of minor minerals.