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Patna High Court

Samir KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
Patna High Court CWJC No.1323 of 2026(2) dt.09-04-2026
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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;
Patna High Court CWJC No.1323 of 2026(2) dt.09-04-2026
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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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