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Patna High Court

Kanahaiya KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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                                       (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
                                                      3/3




                                       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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