Patna High Court
Samir KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed, directing the petitioner to approach the District Mining Officer within three days and mandating the mining department to videograph all future vehicle interceptions and seizures.
Summary
The petitioner, Samir Kumar, owned a truck (BR-21-GA-7503) carrying stone chips from Jharkhand to Patna. The vehicle was seized on 11 January 2026 by mining officials in Nawada after the driver failed to produce a challan, which the petitioner later claimed was valid and had been issued earlier that evening. The petitioner filed a writ petition seeking quashing of the seizure and immediate release of the vehicle, arguing the seizure was illegal. The respondents contended that no challan was produced at the time of interception and that the petitioner should have approached the District Mining Officer first. The court, referring to a prior decision (Manoj Kumar Mehta v. State of Bihar), observed that repeated illegal seizures arise from lack of transparent procedures and directed the mining department to videograph all future interceptions and seizures. The court disposed of the writ, ordering the petitioner to approach the District Mining Officer within three days and mandating the department to implement the videography directive.
Issues considered
- When a vehicle is seized by mining officials without the driver producing a valid challan, is the seizure illegal?
- Is the petitioner entitled to immediate release of the seized vehicle pending adjudication of the writ?
- Should the petitioner first approach the District Mining Officer before filing a writ petition?
- Is the mining department required to videograph the interception and seizure process to ensure transparency?
Subjects
- vehicle seizure
- mining department
- challan
- writ petition
- administrative law
- transparency
- videography
- illegal seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1323 of 2026
======================================================
Samir Kumar Son of Yogendra Prasad, R/o Village- Daniyawan, Post-
Daniyawan, P.S.- Daniyawan, District- Patna, Bihar- 801304.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Department of Mines
and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
2. The Director, Mines and Geology Department, Bihar, Patna.
3. The District Magistrate, Nawada.
4. The Assistant Director, Mines and Geology Department, Nawada.
5. The Mineral Development Officer, District Mining Office, Nawada.
6. The Mining Inspector, Nawada.
7. The S.H.O. Nemdarganj Police Station, Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shambhu Narayan Singh, Advocate
For the Respondent/s : Mr. Naresh Dikshit, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-04-2026 Heard Mr. Shambhu Narayan Singh, learned counsel
for the petitioner and Mr. Naresh Dikshit representing the Mines
Department.
2. The present application has been preferred for the
following relief(s):
(i) for issuance of appropriate writ/writs,
direction/directions and order/orders for
quashing the illegal seizure of the
petitioner's vehicle bearing registration no.
BR-21-GA-7503, Engine no.
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ISBE591804081A63659087, and chassis no.
MAT541068J1A01899 which is at Serial No.
(6) of the seizure memo dated 11.01.2026
which was seized by order dated 11.01.2026
contained in letter no. 01/Kha;
(ii) for issuance of appropriate writ/writs,
direction/directions and order/orders
directing the Immediate release of the
petitioner's seized vehicle as its prolonged
seizure is causing financial distress;
(iii) for issuance of appropriate writ by
granting interim relief by directing the
release of the petitioner's vehicle during the
pendency of this writ petition;
(iv) for issuance of appropriate writ/writs,
direction/directions and order/orders, which
the petitioner is found entitled under the
facts and circumstances of the case.
3. The petitioner is owner of the truck having
Registration No. BR-21-GA-7503 which was carrying stone
chips from Kodarma, Jharkhand and was to be delivered at
Patna City, Bihar. The petitioner contends that the challan was
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issued by the proper authority at Jharkhand on 11.01.2026 at
08.15.34 PM and it was valid up to 12.01.2026 at 08.15.3.
4. The vehicle was intercepted/seized on 11.01.2026
at 10.20 PM under Nemdarganj Police Station in the district
of Nawada by the Mining officials of Nawada and it records
that on demand, no challan was produced. Accordingly,
following the due process, the truck along with the stone chips
were seized.
5. Learned counsel for the petitioner submits that a
proper authority issued a challan. The admitted fact is that
interception took place on 11.01.2026 at 10.20 PM and the stand
is that the driver due to fear could not produce the challan which
followed the seizure.
6. Aggrieved, the writ petition.
7. A counter affidavit has come on behalf of the
Mining Department (respondent nos. 3 to 6) and the stand is that
it was found to be without any challan, intercepted by the
Police, checked by the Mining Inspector, Nawada which
followed the seizure.
8. The stand is that the challan issued/produced has
been procured from the authority after the seizure and was not
there at the time of interception.
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9. Mr. Naresh Dikshit representing the Mining
Department submits that the petitioner should have approached
the District Mining Officer, Nawada initially before coming to
this Court and if he had appeared, immediate step would have
been taken to take the matter to its logical conclusion and in any
case, within a period of two weeks and not later.
10. This Court has taken note of the facts and the
submissions put forward by the parties. The petitioner owns a
truck. His stand is that the challan issued by the proper authority
records the release time as 11.01.2026 (08:15:37 PM). It was
valid up till 12.01.2026 (08.06.34 AM). Admittedly, the
interception took place on 1101.2026 at 10.20 PM. On the other
hand, the stand of the respondents is that he failed to produce
the challan which followed the seizure of the truck.
12. This Court in the case of Manoj Kumar Mehta vs.
The State of Bihar & Ors. (C.W.J.C. No. 1173 of 2026) disposed
of 02.04.2026 took note of the fact that when the interception
takes place two different views comes forward before the Court:
(i) the stand of the Mining
Department remains that at the time
of interception, no challan was
produced;
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(ii) the stand of the vehicle owner on
the other hand remains that it was
produced, ignored and seizure took
place.
13. In that background, the following order was
passed which has been incorporated in paragraphs 11 to 18 and
read as under:
11. This Court has come across
multiple such cases where the same
stand is taken by the vehicle
owner/Mining Official wherein it is
contended that valid challan was
produced, still interception/seizure
took place whereas the stand of
respondents remain that on demand,
no paper/challan was produced.
12. However, the respondents for the
reason best know have chosen not to
plug the holes as a result of which the
seizures have repeatedly been declared
illegal and direction made for the
release of the vehicle by successive
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Courts.
13. In this modern era of technology,
when everything is available at the
drop of the hat, the minimum that is
expected from the officials carrying
out such exercise is to videograph the
entire process from the interception of
a vehicle till its seizure as is done in
the western countries.
14. If such an exercise is undertaken,
neither of the parties will have any
grievance and/or escape route shall be
there with regard to the interception/
demand of papers/ seizure. The
authority shall also be free of any
charges/allegation that is commonly
made by the aggrieved parties that
despite the production of all the valid
documents including the challan, as
the demand sought for was not
fulfilled, forcible seizure took place.
Their success rate before the Courts
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shall also improve if through video
footage, they are able to prove that the
seizure has been made in accordance
with law.
15. To put the whole cat and mouse
game to come to an end, this Court
directs the Department of Mines and
Mineral, Bihar to issue necessary
directions to all its ground officials to
ensure that henceforth, the entire
process of interception of a vehicle
from the time it is intercepted to
demand of papers and upon failure to
produce the same and/or as vehicle
found overloaded etc, the same shall
be videographed without any cut and
along with the seizure document, the
pen drive shall also be handed over
and this fact be recorded in the seizure
order.
16. This exercise is necessary to bring
transparency to the whole exercise as
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also to save the Department from the
financial loss as for want of
transparency, the whole exercise of
seizure of the vehicle comes to zero in
most of the cases.
17. This transparency is again
necessary to bring the litigation down
and come to the actual fact on the
point whether at the time of
interception, the truck/ vehicle was
having proper document to ply on the
road or not and/or whether it was
overloaded or not.
18. The order has to be enforced
immediately. It has been passed in the
presence of Mr. Naresh Dikshit,
learned Spl. P.P. Mines who
undertakes to communicate the same
to the Department forthwith for its
compliance.
14. So far as the present case is concerned, accepting
the words of the learned Spl. P.P. Mines, the writ petition is
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disposed of allowing the petitioner to approach the District
Mining Officer, Nawada within three days and if such petition is
filed within the aforesaid time, the District Mining Officer,
Nawada shall be duty-bound to pass an order within a period of
fortnight thereafter. The short period has been given to the
parties on their own undertakings and taking into account the
fact that the truck which has been seized is deteriorating under
the sky.
15. With the aforesaid observation, the writ petition is
disposed of.
(Rajiv Roy, J)
Ravi/-
U
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