Patna High Court
Mahateem Prasad GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the seizure was not justified in the absence of evidence and proper notice, and directed the petitioner to seek relief from the District Mining Officer, thereby staying the seizure.
Summary
The petitioner, Mahateem Prasad Gupta, owned a truck (Reg. No. UP‑61‑BT‑2217) that was seized near Mohania, Bihar, on the allegation that it had crossed the Mohania Toll Plaza twice during a valid transit period. The seizure was effected by officials of the Department of Mines and Geology without any notice, hearing, or production of photographic/video evidence to substantiate the allegation. The petitioner filed a writ petition seeking a mandamus directing release of the vehicle, a certiorari to quash the seizure memo, and interim relief against continued custody. The Court observed that the respondents had not produced any evidence such as photographs or video footage to justify the seizure and noted the violation of natural‑justice principles. Accordingly, the Court disposed of the petition, directing the petitioner to approach the District Mining Officer within three days, who must pass an appropriate order within a fortnight, and ordered the respondents to produce any evidence if they rely on the double‑crossing claim. The order effectively stayed the seizure pending the DMO’s determination.
Issues considered
- Whether the seizure of the petitioner’s vehicle without notice and hearing violates the principles of natural justice.
- Whether the authorities have jurisdiction to seize the vehicle on the basis of an alleged double crossing of a toll plaza.
- Whether a writ of mandamus or certiorari can be issued to compel release of the seized vehicle.
Subjects
- vehicle seizure
- writ of mandamus
- certiorari
- natural justice
- transit challan
- mining department
- toll plaza
- interim relief
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1250 of 2026
======================================================
Mahateem Prasad Gupta Son of Kanhaiya Lal Gupta, resident of Devakali,
Deokali, Ghazipur, Uttar Pradesh - 233306.
... ... Petitioner/s
Versus
1. The State of Bihar through Secretary, Department of Mines and Geology,
Govt. of Bihar, Patna.
2. The Secretary, Department of Mines and Geology, Govt. of Bihar, Patna.
3. The District Magistrate, Kaimur (Bhabua), Bihar.
4. The Mineral Development Officer, District Mining Office, Kaimur
(Bhabua), Bihar.
5. The Mining Inspector, District Mining Office, Kaimur (Bhabua), Bihar.
6. The Officer-in-Charge, Mohania Police Station, Kaimur (Bhabua), Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnikant, Advocate
: Mr. Kumar Harshvardhan, Advocate
For the State : Mr. Standing Counsel (13)
For the Mines Dept. : Mr. Naresh Dikshit, Spl. PP Mines
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 02-04-2026 Heard Mr. Kumar Harshvardhan, learned counsel for
the petitioner and Mr. Naresh Dikshit, learned Spl. PP Mines as
also learned State counsel.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of a writ in the nature of
Mandamus directing the Respondent authorities
to forthwith release the seized vehicle, namely
Hyva/Truck bearing Registration No.
UP61BT2217, chassis по.
Patna High Court CWJC No.1250 of 2026(2) dt.02-04-2026
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MAT828025P1B06748, seized in connection
with Mohania P.S. Case no.980 of 2025 dated
08.12.2025, despite the existence of valid transit
challan and without granting any notice or
opportunity of hearing.
(ii) for issuance of an appropriate
writ, order or direction, including a writ in the
nature of Certiorari, quashing the seizure memo
dated 08.12.2025, whereby the aforesaid vehicle
has been seized and an amount of Rs.8,97,219/-
has been assessed/imposed against the
Petitioner, without authority of law and in
violation of the principles of natural justice;
(iii) for issuance of a writ directing the
Respondents not to keep the petitioner's vehicle
in continued and indefinite custody, causing
irreparable loss and deterioration, during
pendency of proceedings.
(iv) pending final disposal of the
present writ petition, direct the Respondents to
grant interim release of the vehicle in favour of
the Petitioner on furnishing of
Patna High Court CWJC No.1250 of 2026(2) dt.02-04-2026
3/4
bond/undertaking/security, as may be directed by
this Hon'ble Court.
(v) for any other relief(s) to which the
Petitioner may be found entitled in the facts and
circumstances of the case.”
Facts of the Case:
3. The petitioner owns a Truck bearing Registration
No. UP-61-BT-2217. t was moving from Singrauli, Madhya
Pradesh to Rohtas, Bihar with valid challan from 06.12.2025,
(09:08:33 AM) to 09.12.2025 (05:03:00 AM). It was
intercepted near Mohania, Bihar and seized on the ground that it
has twice crossed the Mohania Toll Plaza.
4. Learned counsel for the petitioner submits that
though the said allegation has been made, neither photo nor
video footages of the said Toll Plaza have been provided to
prove the allegation which actually did not happen. He is ready
to satisfy the respondents but in the meantime, the Truck having
kept under the sky is losing its utility.
5. Learned Spl. PP Mines submits that if a proper
petition is preferred in next three days, the District Mining
Officer, Kaimur shall ensure that it is disposed of in a fortnight.
6. On this assurance given by the learned Spl. PP
Patna High Court CWJC No.1250 of 2026(2) dt.02-04-2026
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Mines, the writ petition is disposed of allowing the petitioner to
approach the District Mining Officer, Kaimur in next three days
who shall ensure that an appropriate order is passed in next
fortnight.
7. It is made clear that if the stands of the respondent
is/are that the said Truck has twice crossed the Mohania Toll
Plaza between the Challan period, the order have the photograph
vide footage with date and time and the pen drive showing the
video footage of the Truck crossing the said Toll Plaza must be
handed over to the petitioner so that he may be able to agitate
the matter further, is he so want.
8. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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