Patna High Court

Radheshyam KumarversusThe State of Bihar

Decided: 30 April 2026
Disposal: DISPOSED
Bench: RAJIV ROY

Holding

The court held that the petitioner must first submit a show‑cause reply to the notice, after which the authorities will decide on release, and therefore the writ petition is disposed.

Summary

The petitioner, Radheshyam Kumar, filed a writ petition seeking the release of his truck (Reg. No. BR01GM7335) that had been seized by the Mines and Minerals Department of Bihar. The department had issued a notice under memo No. 804 dated 01‑04‑2026 requiring the petitioner to show cause and pay a fine before any release. The petitioner argued that no further order had been issued after the notice, and therefore the vehicle should be released. The Mines Department contended that the petitioner must submit a show‑cause reply and that release is possible only upon payment of the stipulated fine. The High Court directed the petitioner to file a proper reply to the notice within four weeks, after which the Mineral Development Officer would consider an appropriate order, and disposed of the writ petition.

Issues considered

Whether the seizure of the petitioner’s vehicle can be continued without a show‑cause reply from the petitioner.
Whether payment of the prescribed fine is a condition precedent to the release of the seized vehicle.
Whether a writ of mandamus can compel immediate release of the vehicle absent compliance with the notice.

Subjects

vehicle seizure
mines and minerals department
show cause notice
writ petition
administrative law
fine payment

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1207 of 2026
                 ======================================================
                 Radheshyam Kumar Son of Siti Ray, Resident of Village- Bela, Police
                 Station- Neora, District - Patna.
                                                                          ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Secretary Mines and Minerals Department,
                  Government of Bihar at Patna.
           2.    The Director Mines and Mineral Department, Government of Bihar at Patna.
           3.    The District Magistrate, District Patna, at Patna.
           4.    The District Mining Officer cum Mine Development Officer, District Patna
                 at Patna.
           5.    The Mining Inspector, District Patna, at Patna.
           6.    The Senior Superintendent of Police, District Patna, at Patna.
           7.     The Officer in Charge of Bihta Police Station, District Patna.
                                                                             ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Niraj Kumar Singh, Advocate
                 For the Respondent/s   :        Mr. Standing Counel (25)
                 For the Mines          :        Ms. Shruti Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   30-04-2026                 Heard Mr. Chandan Kumar Singh, learned counsel for

                   the petitioner and Ms. Shruti Singh, learned counsel representing

                   the Mines Department beside learned State counsel, Mr. Wasi

                   Ahmad Khan.

                               2. The present petition has been preferred for the

                   following relief(s):

                                                “For    issuance      of   appropriate     writ

                                  directing the respondent authorities to release the

                                  petitioner’s vehicle (Truck) bearing registration no.

                                  BR01GM7335, Chasis no. MAT466388E5DO4339 in

                                  his favour.

                                                (ii) For grant of any other relief/reliefs for

                                  which petitioner is found entitled under the fact and
          Patna High Court CWJC No.1207 of 2026(3) dt.30-04-2026
                                                      2/2




                                    circumstances of the case.”

                                3. A counter-affidavit has come on behalf of the Mines

                    Department which shows that in terms with the 2024 Amendment,

                    the fine amounts are already there in the chart.

                                4. Learned counsel for the petitioner submits that

                    though notice had been issued pursuant to the memo no. 804 dated

                    01.04.2026, no further order has been issued.

                                5. Learned counsel for the Mines Department submits

                    that the petitioner has to submit his show cause so that an

                    appropriate order can be passed. In alternative, the release can

                    always be done once the fine amount is paid.

                                6. Having heard the parties, this Court allows the

                    petitioner to approach the concerned respondent, Mineral

                    Development Officer, Patna in next four weeks by submitting a

                    proper reply/show cause to the notice issued earlier who shall be

                    taking steps and shall be passing an appropriate order in

                    accordance with law thereafter.

                                7. The writ petition stands disposed of with the

                    aforesaid observation.



                                                  (Rajiv Roy, J)
Adnan/-

U

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