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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/4




                             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
                                            3/4




          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
                                                        4/4




                                  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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