Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court ordered release of the seized truck upon payment of the first instalment and an undertaking, with the balance to be paid within four weeks, and directed the petitioner to approach the District Mining Officer.
Summary
Manoj Kumar filed a writ petition seeking a mandamus directing the State of Bihar and its officials to release his seized truck (Reg. No. JH-02-AK-0183) that was confiscated for alleged overloading. The petitioner argued that the continued detention without a proper show‑cause notice was illegal, arbitrary and violated his right to livelihood. The Special Public Prosecutor for Mines contended that the truck could be released if the petitioner paid the imposed fine of Rs 8,90,167 in two installments. The Court, with the parties’ consent, ordered that the petitioner approach the District Mining Officer within a week and, upon payment of the first instalment of Rs 4,90,167 and an undertaking, the truck be released. The petitioner must pay the remaining Rs 4,00,000 within four weeks, failing which the respondents may re‑seize the vehicle. The order disposes of the writ petition with these conditions.
Issues considered
- Whether the continued detention of the seized truck without a show‑cause notice is illegal, arbitrary and without authority of law.
- Whether the petitioner is entitled to release of the vehicle pending confiscation/penalty proceedings upon payment of the fine in installments.
- Whether the respondents may take coercive action against the petitioner without complying with procedural requirements.
Subjects
- seizure
- overloading
- mandamus
- vehicle confiscation
- installment payment
- mineral department
- administrative law
- due process
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1772 of 2026
======================================================
Manoj Kumar S/o Maharaj Mahato Resident of Village- Pathara, P.S.-
Tilauthu, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Mines and
Geology, Government of Bihar, Patna.
2. The District Magistrate, Rohtas, Sasaram.
3. The Mineral Development Officer, Rohtas, Sasaram.
4. The Officer In-Charge, Tilauthu Police Station, District- Rohtas.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Adv.
For the Respondent/s : Mr. Vivekanand, AC to G.P. 18
For the Mines : Mr. Naresh Dikshit, Spl. P.P. Mines
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-04-2026 Heard Mr. Bhaskar Shankar, learned counsel for the
petitioner and Mr. Naresh Dikshit, learned Spl. P.P. Mines.
2. The present application has been preferred for the
following relief(s):
(i) Issue a writ in the nature of
Mandamus commanding the respondents to
release the seized bearing Registration Truck
No. JH02AK0183 of the petitioner forthwith,
during pendency of confiscation/penalty
proceedings, on such terms and conditions as
deemed fit.
(ii) Issue a writ in the nature of
Mandamus declaring the action of the
respondents in directing continued detention of
the petitioner's vehicle vide Letter No. Camp
Patna High Court CWJC No.1772 of 2026(2) dt.09-04-2026
2/3
01 dated 10.09.2025 as illegal, arbitrary and
without authority of law;
(iii) Issue a writ in the nature of
Mandamus directing the respondents not to
take any coercive action against the petitioner
pursuant to the impugned proceedings;
(iv) Grant liberty to the respondents
to proceed afresh strictly in accordance with
law after issuing proper show cause notice and
granting personal hearing to the petitioner;
(v) Pass such other order or orders
as this Hon'ble Court may deem fit and proper
in the facts and circumstances of the case.
3. The matter relates to confiscation of truck bearing
Registration No. JH-02-AK-0183 which was intercepted under
Tilauthu Police Station, Rohtas on 10.09.2025 and has been seized
for overloading.
4. Learned counsel for the petitioner submits that he
shall be fighting the battle out in the Court but the seizure of
vehicle has put him in economic crisis and even the condition of
the truck is deteriorating, it being kept in the open sky. He is ready
to pay the amount under protest but since he do not have means to
earn money, it be allowed to be paid in two installments as the
total amount is Rs. 8,90,167/-. Learned counsel for the petitioner
further submits that during the pendency of the proceeding, the
truck shall not be alienated and will be produced as and when
required by the respondent authorities.
Patna High Court CWJC No.1772 of 2026(2) dt.09-04-2026
3/3
5. Learned Spl. P.P., Mines submits that if the petitioner
is ready to pay the fine amount in two installments, the truck shall
be released subject to the proceeding to be continued.
6. In that background, with the consent of the parties,
the writ petition is disposed of allowing the petitioner to approach
the District Mining Officer, Rohtas in next one week who shall be
taking up the matter and on the first installment payment of Rs.
4,90,167/-, shall release the truck with an undertaking given by the
petitioner that he shall be paying the rest of the amount within a
period of four weeks thereafter. Failure to pay the second amount
of Rs. 4,00,000/- within four weeks, the respondents shall be free
to take immediate steps for the seizure of the truck.
(Rajiv Roy, J)
Vijay Singh/-
U
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