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Patna High Court

Surendra RayversusThe State of Bihar through Principal Secretary, Dept. of Mines and Geology, Govt. of Bihar, Patna

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must pay the penalty of Rs.2,49,619 in five installments, after which the truck will be released and the confiscation proceeding stayed, with repossession permissible upon default.

Summary

The petitioner, Surendra Ray, filed a writ petition seeking a mandamus directing the State and Department of Mines to release his truck seized on 25-04-2024 despite a valid challan, and to award compensation for illegal confinement. The petitioner offered to pay a penalty of Rs.2,49,619 but requested payment in easy installments, citing the truck's prolonged seizure. The Department of Mines opposed easy installments but was open to 2-3 installments, noting that confiscation proceedings had been initiated. The Court ordered the penalty to be paid in five installments, with the first Rs.50,000 due by 27-02-2026 and the balance in four monthly installments, and stayed the confiscation proceeding until full payment. The Court further directed that upon completion of payments the truck be released and the case dismissed, warning that failure to pay would permit repossession of the vehicle. Consequently, the petition was disposed.

Issues considered

  • Whether the seizure of the petitioner's truck was illegal and warrants a writ of mandamus for its release
  • Whether the petitioner is liable to pay a penalty and may do so in installments
  • Whether the confiscation proceeding should be stayed pending payment of the penalty
  • Whether the petitioner is entitled to compensation for illegal confinement of the vehicle

Subjects

  • seizure
  • mandamus
  • confiscation proceeding
  • installment payment
  • mining regulations
  • illegal seizure
  • compensation
  • stay of proceedings

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Criminal Writ Jurisdiction Case No.1170 of 2024
                 ======================================================
                 Surendra Ray son of Maganchan Ray Village- Kochwara Rasulpur Po- Arvind
                 Nagar Bajahia Ps- Dariyapur Dist- Saran

                                                                                ... ... Petitioner/s
                                                     Versus

           1.    The State of Bihar through Principal Secretary, Dept. of Mines and Geology,
                 Govt. of Bihar, Patna Bihar
           2.    The Principal Secretary, Home Department, Govt. of Bihar, Patna Bihar
           3.    The District Magistrate, Bhojpur, Ara Bihar
           4.    The Superintendent of Police, Ara Bihar
           5.    The Mineral Development Officer, Bhojpur, Ara Bihar
           6.    The District Mining Inspector, Bhojpur, Ara Bihar
           7.    The SHO Koilwar Bhojpur, Ara Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Abhishek Singh, Advocate
                                                 Mr. S. K. Mishra, Advocate
                                                 Mr. Anand Tiwari, Advocate
                 For the State          :        Mr. Saurav Kumar, AC to GA-5
                 For Deptt. of Mines    :        Mrs. Kalpana, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   29-01-2026                   The present writ petition has been filed seeking

                   following relief(s):-

                                            "i. For issuance of writ in the nature of
                                            "Mandamus"         upon      the         concerned
                                            respondents to release the seized truck of the
                                            petitioner bearing registration number UP-
                                            92T-2881 which has been illegally seized on
                                            25.04.2024 despite having valid challan and
                                            without assigning any reasons what so ever.
                                            ii. For direction to the respondents to issue
                                            official letter to all the authorized stone
Patna High Court CR. WJC No.1170 of 2024(3) dt.29-01-2026
                                             2/4




                                  queries and sand mines and give a direction
                                  to measure the volume of material whereas
                                  at present it is a common practice that
                                  mining stations measures laden weight in
                                  Kilo Gram and then they divide the total
                                  quantity by 40 and the result is considered as
                                  volume of material which is not correct
                                  always.
                                  iii. For direction to respondent authorities to
                                  pay compensation to the petitioner for
                                  illegal     confinement   of   his   commercial
                                  vehicle.
                                  iv. The Hon'ble Court may award the cost of
                                  litigation and suitable compensation to the
                                  petitioner for the loss and damages on
                                  account of unfair, illegal and arbitrary
                                  action of respondents.
                                  v. For any other relief or reliefs for which
                                  the petitioner be found entitled in the eye of
                                  law."
                       2. At the outset, learned counsel for the petitioner

          submits that he does not want to press the relief and would be

          satisfied, if the truck of the petitioner bearing Registration No.

          UP-92T-2881 be released in favour of the petitioner on payment

          of penalty amount of Rs.2,49,619/-. Learned counsel further

          submits that since the truck has been seized for almost two

          years, the petitioner is not in a position to make payment in one
Patna High Court CR. WJC No.1170 of 2024(3) dt.29-01-2026
                                            3/4




          go and if, easy installments are allowed, the petitioner would

          make the payment and the truck of the petitioner may be

          released after payment of first installment.

                       3. Learned counsel appearing on behalf of Department

          of Mines opposes the submission made on behalf of the

          petitioner regarding payment of amount in easy installment.

          She, however, submits that if the Court is inclined the petitioner

          be directed to make payment in 2-3 installments only. Learned

          counsel further submits that the confiscation proceeding has

          been started in this case.

                       4. Having regard to the rival submission of the parties

          and considering the fact that the petitioner has confined his

          prayer only for release of his truck on payment of installment, I

          think it fit and proper that the amount of Rs.2,49,619/- be paid

          by the petitioner in five installments. First installment of

          Rs.50,000/- will be paid on or before 27.02.2026 and rest

          amount of Rs.1,99,619/- shall be paid in four monthly

          installments on or before 15th day of every month starts from

          April, 2026. If the petitioner makes the payment of the

          installment in terms of the present order, after payment of last

          installment, the case against the petitioner would be dropped.

                       5. Till the payment of last installment, the confiscation
            Patna High Court CR. WJC No.1170 of 2024(3) dt.29-01-2026
                                                        4/4




                      proceeding shall remain stayed.

                                   6. Accordingly, the present petition stands disposed

                      of.

                                   7. However, it is made clear that if the petitioner fails

                      to make the payment of the installments, the respondent

                      Department of Mines would be at liberty to repossess the truck

                      of the petitioner.



                                                (Arun Kumar Jha, J)

    DKS/-

U


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