Patna High Court
Manoj Kumar MehtaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed, directing the petitioner to approach the District Mining Officer within three days for a decision, implying that the seizure without a produced challan was improper.
Summary
Manoj Kumar Mehta, the owner of a truck carrying stone chips, challenged the seizure of his vehicle by mining officials in Nawada district, alleging that a valid challan had been issued by the Jharkhand authority but was not produced at the time of interception. The respondents contended that no challan was produced during the seizure and that the vehicle was therefore lawfully confiscated. The High Court examined the factual dispute over the existence and timing of the challan and noted a pattern of similar seizures being declared illegal in other cases. While the Court did not order the immediate release of the vehicle, it directed the petitioner to approach the District Mining Officer within three days for a prompt decision, and mandated that future interceptions be videographed to ensure transparency. The order was issued in the presence of the Mining Department’s special P.P. Mines officer, who was instructed to communicate the directions to the department.
Issues considered
- The legality of seizing a vehicle when the driver fails to produce a valid challan at the time of interception
- Whether the petitioner is entitled to immediate release of the seized vehicle pending adjudication
- The appropriate procedural remedy for the petitioner to obtain relief from the seizure
Subjects
- vehicle seizure
- mining department
- challan
- procedural fairness
- videography
- transparency
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1173 of 2026
======================================================
Manoj Kumar Mehta Son of Shivnarayan Mehta, R/o Village-Lengrapipar,
Post-Domachanch, P.S.-Domachanch, District-Koderma, Jharkhand-825407.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Department of Mines
and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
2. The Director, Mines and Geology Deparmtent, Bihar, Patna.
3. The District Magistrate, Nawada.
4. The Assistant Director, Mines and Geology Department, Nawada.
5. The Mineral Development Officer, District Mining Office, Nawada.
6. The Mining Inspector, Nawada.
7. The S.H.O. Nemdarganj Police Station, Nawada.
8. The TATA AIG General Insurance Company Limited through legal manager,
Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shambhu Narayan Singh, Adv.
For the State : Mr. Sajid Salim Khan, SC-25
For resp. no. 8 : Mr. Santosh Kr. Jha, Adv.
For the Mines : Mr. Naresh Dikshit, Spl. P.P. Mines
Mr. Brij Bihari Tiwari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 02-04-2026 Heard Mr. Shambhu Narayan Singh, learned counsel
for the petitioner, Mr. Naresh Dikshit representing the Mines
Department, Mr. Sajid Salim Khan representing the State as also
Mr. Santosh Kr. Jha for the respondent no. 8.
2. The present application has been preferred for the
following relief(s):
(i) for issuance of appropriate
writ/writs, direction/directions and
order/orders for quashing the illegal seizure
Patna High Court CWJC No.1173 of 2026(2) dt.02-04-2026
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of the petitioner's vehicle bearing
registration no. JH-12-K-9543, Engine no.
ISBE5.91804081D63687929, and chassis no.
MAT541061J3D13181 which is at Serial No.
(4) of the seizure memo dated 11.01.2026
which was seized by order dated 11.01.2026
contained in letter no. 01/Kha.
ii. for issuance of appropriate
writ/writs, direction/directions and
order/orders directing the immediate release
of the petitioner's seized vehicle as its
prolonged seizure is causing financial
distress.
iii. for issuance of appropriate writ
by granting interim relief by directing the
release of the petitioner's vehicle during the
pendency of this writ petition.
iv. for issuance of appropriate
writ/writs, direction/directions and
order/orders, which the petitioner is found
entitled under the facts and circumstances of
the case.
3. The petitioner is owner of the truck having
Registration No. JH-12-K-9543 which was carrying stone
chips from Kodarma, Jharkhand and was to be delivered at
East Champaran, Bihar. With the help of Annexure-P/2, the
petitioner contends that the challan was issued by the proper
authority at Jharkhand on 11.01.2026 at 08.42.54 PM and it was
Patna High Court CWJC No.1173 of 2026(2) dt.02-04-2026
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valid up to 03.48.54 AM of 13.01.2026.
4. The vehicle was intercepted/seized on 11.01.2026
at 10.20 PM under Nemdarganj Police Station in the district of
Nawada by the Mining officials of Nawada and it records that
on demand, no challan was produced. Accordingly, following
the due process, the truck along with the stone chips were
seized.
5. Learned counsel for the petitioner submits that a
proper authority issued a challan at 08.45.54 PM on 11.01.2026
and was valid up till 13.01.2026 (03.48.54 AM). The admitted
fact is that interception took place on 11.01.2026 at 10.20 PM
and the stand is that the driver due to fear could not produce the
challan which followed the seizure.
6. Aggrieved, the writ petition.
7. A counter affidavit has come on behalf of the
Mining Department (respondent nos. 3 to 6) and the stand is that
it was found to be without any challan, intercepted by the
Police, checked by the Mining Inspector, Nawada which
followed the seizure.
8. The stand is that the challan issued/produced has
been procured from the authority after the seizure and was not
there at the time of interception.
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9. Mr. Naresh Dikshit representing the Mining
Department submits that the petitioner should have approached
the District Mining Officer, Nawada initially before coming to
this Court and if he had appeared, immediate step would have
been taken to take the matter to its logical conclusion and in any
case, within a period of two weeks and not later.
10. This Court has taken note of the facts and the
submissions put forward by the parties. The petitioner owns a
truck. His stand is that the challan issued by the proper authority
records the release time as 11.01.2026 (01.42.54 PM). It was
valid up till 13.01.2026 (03.48.54 AM). Admittedly, the
interception took place on 1101.2026 at 10.20 PM. On the other
hand, the stand of the respondents is that he failed to produce
the challan which followed the seizure of the truck.
11. This Court has come across multiple such cases
where the same stand is taken by the vehicle owner/Mining
Official wherein it is contended that valid challan was produced,
still interception/seizure took place whereas the stand of
respondents remain that on demand, no paper/challan was
produced.
12. However, the respondents for the reason best
know have chosen not to plug the holes as a result of which the
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seizures have repeatedly been declared illegal and direction
made for the release of the vehicle by successive Courts.
13. In this modern era of technology, when everything
is available at the drop of the hat, the minimum that is expected
from the officials carrying out such exercise is to videograph the
entire process from the interception of a vehicle till its seizure as
is done in the western countries.
14. If such an exercise is undertaken, neither of the
parties will have any grievance and/or escape route shall be
there with regard to the interception/ demand of papers/ seizure.
The authority shall also be free of any charges/allegation that is
commonly made by the aggrieved parties that despite the
production of all the valid documents including the challan, as
the demand sought for was not fulfilled, forcible seizure took
place. Their success rate before the Courts shall also improve if
through video footage, they are able to prove that the seizure has
been made in accordance with law.
15. To put the whole cat and mouse game to come to
an end, this Court directs the Department of Mines and Mineral,
Bihar to issue necessary directions to all its ground officials to
ensure that henceforth, the entire process of interception of a
vehicle from the time it is intercepted to demand of papers and
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upon failure to produce the same and/or as vehicle found
overloaded etc, the same shall be videographed without any cut
and along with the seizure document, the pen drive shall also be
handed over and this fact be recorded in the seizure order.
16. This exercise is necessary to bring transparency to
the whole exercise as also to save the Department from the
financial loss as for want of transparency, the whole exercise of
seizure of the vehicle comes to zero in most of the cases.
17. This transparency is again necessary to bring the
litigation down and come to the actual fact on the point whether
at the time of interception, the truck/ vehicle was having proper
document to ply on the road or not and/or whether it was
overloaded or not.
18. The order has to be enforced immediately. It has
been passed in the presence of Mr. Naresh Dikshit, learned Spl.
P.P. Mines who undertakes to communicate the same to the
Department forthwith for its compliance.
19. So far as the case is concerned, accepting the
words of the learned Spl. P.P. Mines, the writ petition is
disposed of allowing the petitioner to approach the District
Mining Officer, Nawada within three days and if such petition is
filed within the aforesaid time, the District Mining Officer,
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Nawada shall be duty-bound to pass an order within a period of
fortnight thereafter. The short period has been given to the
parties on their own undertakings and taking into acount the fact
that the truck which has been seized is deteriorating under the
sky.
20. With the aforesaid observation, the writ petition is
disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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