Patna High Court
Kanahaiya KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner must first pursue the remedy under Section 67 of the Bihar Minerals Rules, 2019, and therefore the writ petition is disposed.
Summary
Kanahaiya Kumar filed a writ petition seeking a certiorari and mandamus to quash the seizure of his vehicle by police and mining officials, alleging the seizure was illegal and without due process. The Mines Department argued that the appropriate remedy lies under Section 67 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019, which provides for an appeal to the Collector. The petitioner contended that he would approach the Collector within two weeks. The Court examined the statutory provision and held that the petitioner must first avail himself of the statutory appeal mechanism before invoking the High Court's writ jurisdiction. Consequently, the writ petition was disposed with the observation that the matter should be taken to the Collector for resolution within three months.
Issues considered
- Whether the seizure of the petitioner's vehicle was illegal and violative of due process
- Whether the High Court can entertain a writ of certiorari or mandamus in the absence of exhaustion of statutory remedies
- Whether the petitioner is required to approach the Collector under Section 67 of the Bihar Minerals Rules, 2019 before filing the writ petition
Subjects
- illegal seizure
- vehicle
- writ of certiorari
- writ of mandamus
- due process
- mining regulations
- administrative law
- statutory appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1295 of 2026
======================================================
Kanahaiya Kumar Son of Uday Singh, Resident of Village- Chainpur, Police
Station- Khusarupur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Director, Mines and Geology Department, Government of Bihar, Patna.
3. The District Magistrate, Nawada, Bihar.
4. The Superintendent of Police, Nawada, Bihar.
5. The Mines Inspector, Mines and Geology Department, Nawada, Bihar.
6. The SHO, Rajauli Police Station, Nawada, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Respondent/s : Mr. Addl. Advocate General (07)
For the Mines : Mr. Naresh Dikshit, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 02-04-2026 Heard Mr. Deepak Kumar, learned counsel for the
petitioner and Mr. Naresh Dikshit, learned Spl.P.P.
2. The present petition has been preferred for the
following relief(s):
“(i) For issuing a writ of Certiorari or
any other appropriate writ quashing the illegal
seizure of the vehicle of the petitioner bearing
Registration No.- JH12F-9613, which has been
illegally seized on 07.12.2025 by the respondent
and no documents regarding aforesaid seizure has
been provided.
Patna High Court CWJC No.1295 of 2026(2) dt.02-04-2026
2/3
(ii) For issuance of a writ of Mandamus
directing the immediate release of the seized
vehicle which was seized without following due
process of law.
(iii) For directing an independent
enquiry of the illegal and coercive actions of police
officials of Rajauli police station, Nawada as well
as officials of Mines & Geology Department,
Nawada.
(iv) For grant of any relief/s as petitioner
may be found entitled in the facts and
circumstances of the present case.”
3. At the outset, learned counsel for the Mines
Department submits that an order has been passed vide letter no.
351 dated 06.02.2026 and the natural recourse for the petitioner
is to approach the Collector, Nawada under Section 67 of the
Bihar Minerals (Concession, Prevention of Illegal Mining,
Transportation and Storage) Rules, 2019 (henceforth for short
‘the 2019 Rules’).
4. Chapter 16 relates to appeals and revision and
section 67 of ‘the 2019 Rules’ reads as follows:
67. Appeals. - (1) All final orders passed by
Patna High Court CWJC No.1295 of 2026(2) dt.02-04-2026
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Mining Officer shall be appealable to the
Collector within sixty days from the date of the
order.
(2) All final orders passed by the Collector shall
be appealable to the Mines Commissioner within
sixty days from the date of the order.
(3) All appeals shall be disposed of within three
months from the date of the filing. All appeals in
the rule shall be in Form "L".”
5. After some arguments, learned counsel for the
petitioner submits that he shall be approaching the concerned
authority in next two weeks.
6. If such petition is preferred, the Collector, Nawada
shall take into account that the matter is taken to its logical
conclusion at an earliest preferably within a period of three
months.
7. The writ petition stands disposed of with the
aforesaid observation.
(Rajiv Roy, J)
Adnan/-
U
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