Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner must approach the District Mining Officer to obtain fine details and seek flexible payment, and disposed the writ petition accordingly.
Summary
The petitioner, Vikash Kumar, filed a writ petition seeking the release of his seized truck (registration BR01034056) and relief to pay the imposed fine in installments. He claimed the authorities had not informed him of the fine amount since the seizure on 10‑05‑2024, causing business loss and vehicle deterioration. The Mines Department argued that the petitioner should have approached the District Mining Officer for the fine details. The Court, after hearing both sides, directed the petitioner to approach the District Mining Officer within four weeks, providing a copy of the order, and instructed the officer to furnish the fine details and consider installment payment. Consequently, the writ petition was disposed with this observation.
Issues considered
- What procedural steps must the petitioner follow to obtain details of the fine and secure release of the seized vehicle?
Subjects
- seizure of vehicle
- mining law
- writ petition
- fine payment
- installment
- administrative procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1357 of 2026
======================================================
Vikash Kumar Son of Ashok Ray, Resident of Village-Khaspur, 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 Minerals 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
For the State : Mr. S. Raza Ahmad, AC to AAG- 5
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, BR01034056, Chasis no
Patna High Court CWJC No.1357 of 2026(2) dt.09-04-2026
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MAT44802282005899 in his favor;
(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 is 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
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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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