Patna High Court
Ashok RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petitioner must approach the District Mining Officer for fine details and possible installment payment before the court can consider release of the vehicle.
Summary
Ashok Ray filed a writ petition seeking the release of his truck (Reg. No. HR55L2033) that was seized by the Bihar mining authorities on 10 May 2024. He claimed the respondents had not communicated the fine amount, leaving him unable to pay and causing his business to suffer. The mining department contended that the petitioner should first approach the District Mining Officer to obtain the fine details. The Court directed the petitioner to approach the District Mining Officer within four weeks, submit a copy of the order, and obtain the fine particulars, noting that the officer may consider an installment payment arrangement. Consequently, the writ petition was disposed without ordering the immediate release of the vehicle.
Issues considered
- Whether the petitioner is entitled to immediate release of the seized vehicle without being informed of the fine amount.
- Whether the petitioner must first approach the District Mining Officer to obtain fine details before seeking judicial relief.
Subjects
- vehicle seizure
- mining department
- fine payment
- installment payment
- writ petition
- district mining officer
- procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1305 of 2026
======================================================
Ashok Ray Son of Late Radhika Ray, Resident of Village- Khaspur, Near
Vijya Bank, Police Station- Maner, 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 Mines : Mr.Naresh Dixit, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-04-2026 Heard Mr.Niraj Kumar Singh, learned counsel for the
petitioner and Mr. Naresh Dixit, learned Special P.P. for the
Mines Department.
2. The present petition has been preferred for the
following relief/s:
(i) for issue an appropriate writ directing the
respondent authorities to release the
petitioner's vehicle (Truck) bearing
registration no. HR55L2033, Chasis no.-
426031AAG02206 in his favor;
Patna High Court CWJC No.1305 of 2026(2) dt.09-04-2026
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(ii) for grant of any other relief/reliefs for
which Petitioner is found entitled under the
fact and circumstances of the case.
3. Learned counsel for the petitioner at the outset
submits that he is he is in the dark inasmuch as the respondents
have not come up with any fine so that appropriate steps be
taken to pay the fine under protest and the truck ia released.
4. The submission is that the seizure has taken place
on 10.05.2024, the truck is placed in an open place and getting
deteriorated day by day. Further submission is that as he is out
of business due to seizure of the truck, the fine amount under
protest be allowed to be paid in the installment.
5. If the contention of the petitioner is correct, it is
unfortunate that despite the seizure make on 10.05.2024, the
respondents have not even informed him about the fine amount.
6. Learned Spl. P.P. Mines submits that the petitioner
ought to have approached the District Mining Officer, Patna
(respondent no.04) so that he could hand over the documents
showing the fine amount.
7. Having heard the parties, instead of keeping the
case pending, this Court directs the petitioner to approach the
Patna High Court CWJC No.1305 of 2026(2) dt.09-04-2026
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respondent no.4, the District Mining Officer, Patna in next four
weeks alongiwth a copy of the order who shall be duty bound to
provide the details relating to the fine and shall also be flexible
if an offer is made by the petitioner regarding payment of the
fine amount in installment.
8. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
Ravi/-
U
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