Patna: The high court on Monday stayed the Bihar government's new sand sale policy, which came into effect from December 1 this year.

A division bench of Justice Ajay Kumar Tripathi and Justice Rajeev Ranjan Prasad, while staying the new policy, was critical of the state government's act of enforcing it despite an earlier high court order staying the new sand and mineral policy, Bihar Minor Mineral Rules 2017, till further order on November 27.

"Keeping in view what the division bench has had to say in its order dated 27.11.2017, the action of the principal secretary in issuing an order dated 28.11.2017, seems to be a case of overreach to defeat the effect of stay of the rules in question," said Justice Tripathi and Justice Prasad.

The division bench of Chief Justice Rajendra Menon and Justice Anil Kumar Upadhyay, in its November 27 order, had stayed the new policy acting against a petition filed by Puspa Singh and another. Nine other similar petitions had challenged the new sand and mineral policy.

"A case prima facie is made out for staying the government's memo dated November 29, 2017, till further order. As a consequence thereof, other notification as well as a communication dated November 29 addressed to all the collectors under the signature of the principal secretary, department of mines and geology, also need to be stayed," added Justice Tripathi and Justice Prasad on Monday.

The bench of Chief Justice, while setting aside the new policy, had then said that it had been framed without evaluating the problems the policy might create for the general masses.

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 a hurry and comprises 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.