Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the petitioner must approach the District Mining Officer within three days, and the officer must decide the grievance within a fortnight, effectively staying the seizure.
Summary
The petitioner, Rakesh Kumar, challenged the seizure of his truck (Reg. No. BR-27-GA-9775) by the District Mining Office, Nawada on 11 January 2026, alleging that the vehicle was covered by a valid e‑challan. He sought quashing of the seizure, immediate release of the vehicle, and interim relief. The court noted a recent decision in Manoj Kumar Mehta v. State of Bihar (CWJC No. 1173 of 2026) which directed the aggrieved party to approach the District Mining Officer (DMO) within three days and required the DMO to decide within a fortnight. Applying the same principle, the court ordered the petitioner to approach the DMO within three days and directed the DMO to dispose of the grievance within fourteen days, thereby staying the seizure. No substantive examination of the legality of the seizure was made beyond this procedural direction.
Issues considered
- Whether the seizure of the petitioner's truck was illegal despite the existence of a valid e‑challan.
- Whether the High Court can issue writs directing the release of the seized vehicle and grant interim relief.
- Whether the petitioner should be directed to approach the District Mining Officer for redress and the timeframe for such decision.
Subjects
- vehicle seizure
- e‑challan
- mining department
- writ jurisdiction
- interim relief
- District Mining Officer
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1175 of 2026
======================================================
Rakesh Kumar Son of Lalo Prasad Yadav, R/o Village-Chitarkoli, Post-
Rajauli, P.S.-Rajauli, District-Nawada, Bihar-805125.
... ... 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, Advocate
For the State : Mr. Standing Counsel (26)
: Mr. Tripurari Nath Ambastha, AC to SC-26
For the Mines Dept. : Mr. Naresh Dikshit, Spl. PP Mines
For the Resp. No.8 : Mr. Santosh Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 02-04-2026 Heard the parties.
2. The present petition has been preferred for the grant
of following relief(s):
“(i) for issuance of appropriate writ/writs,
direction/directions and order/orders for
quashing the illegal seizure of the petitioner's
vehicle bearing registration no. BR-27-GA-9775,
52A64444382, and Engine no. chassis no.
MAT828048S1A02708 which is at Serial No. (5)
of the seizure memo dated 11.01.2026 which was
Patna High Court CWJC No.1175 of 2026(2) dt.02-04-2026
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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 its as 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 matter relates to seizure of the Truck of the
owner having Registration No. BR-27-GA-9775 by the District
Mining Office, Nawada on 11.01.2026 at 10:20 PM.
4. The case of the petitioner is that the Truck was
loaded with stone chips at Koderma, Jharkhand and was
intended for Nalanda, Bihar. The e-challan was issued on
11.01.2026 at 08:29:55 PM having validity till 12.01.2026 at
Patna High Court CWJC No.1175 of 2026(2) dt.02-04-2026
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03:14:52 AM It was intercepted at Nawada on 11.01.2026 at
10:20 PM and despite valid challan, seizure took place on the
ground.
5. Learned counsel for the petitioner submits that in
the case of Manoj Kumar Mehta vs. The State of Bihar and
Ors. (CWJC No. 1173 of 2026) (which relates to seizure of
another Truck the same night), the Court has passed an order
with the direction to the petitioner to approach the District
Mining Officer, Nawada for the redressal of the grievance who
has to decide it within a time frame.
6. Learned counsel representing the Mines
Department submits that if such petition is preferred in next
three days, the respondent shall ensure that it is disposed within
a fortnight.
7. In the case of Manoj Kumar Mehta (supra) disposed
of on 02.04.2026, this Court beside giving direction to the
Department of Mines and Minerals, Bihar, Patna to get all
interception of vehicles videographed and issue necessary
direction accordingly, on the undertakings given by the parties,
directed the petitioner to approach the District Mining Officer,
Nawada within a period of three days who has been directed to
ensure that a decision is taken within a fortnight as assured by
the learned Special PP Mines.
Patna High Court CWJC No.1175 of 2026(2) dt.02-04-2026
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8. In that background, this writ petition is also
disposed of allowing the petitioner to approach the District
Mining Officer, Nawada in next three days who shall ensure that
the petition so presented is disposed of within a period of
fortnight thereafter.
(Rajiv Roy, J)
vinayak/-
U
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