Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is disposed, directing the petitioner to approach the Mining Development Officer for release of the tractor upon payment of fine and undertaking.
Summary
The petitioner, Deepak Kumar, filed a writ petition seeking a mandamus directing the release of his tractor (Reg.No‑BR05GC7251) that had been seized by the Officer‑In‑Charge of Bargainiya Police Station in connection with an illegal mining case. The seizure was effected under the Bihar Minerals (Concession Prevention of Illegal Mining Transportation and Storage) Rule 2019 (as amended in 2024), Rule 56(2), Section 21 of the MMDR Act and Sections 303(2), 317 and 318 of the BNS. The petitioner alleged that no fine amount or other information had been provided, causing hardship as the vehicle remained stranded and deteriorated. The Mines Department counsel suggested that the petitioner approach the Mining Development Officer (respondent 3) for appropriate action. After hearing both sides, the Court held that the writ petition could not be entertained by mandamus and directed the petitioner to approach the Mining Development Officer within four weeks to obtain the requisite documents, pay any fine, and secure release of the tractor upon an undertaking not to alienate it. The petition was consequently disposed.
Issues considered
- Whether the High Court should issue a writ of mandamus directing the release of the seized tractor.
- Whether the respondents are obligated to provide the fine amount and related documents for the release of the vehicle.
- Whether the petitioner must approach the Mining Development Officer before seeking judicial relief.
Legislation cited
- BNS — s. 303(2), 317, 318
Subjects
- mandamus
- seizure
- illegal mining
- mineral law
- vehicle release
- administrative law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1871 of 2026
======================================================
Deepak Kumar Son of Joyti Narayan Mahto, Resident of Village- Parewa,
P.S-Dhaka, District-East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary Cum Mines Commissioner, Mines
Department, Government of Bihar, Patna.
2. The District Collector, Sitamardhi.
3. The Mining Development Officer, Sitamardhi.
4. The Mining Inspector, Sitamardhi.
5. The Officer In-Charge, Bargainiya Police Station, Sitamardhi.
6. The Investigating Officer of Bargainiya, PS Case No 255 of 2025.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Sinha, Adv.
For the Respondent/s : Mr. Md. Raisul Haque, SC-10
For the Mines : Mr. Naresh Dikshit, Spl. P.P. Mines
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-04-2026 Heard Mr. Ritesh Kumar Sinha, learned counsel for
the petitioner and Ms. Shruti Singh representing the Mines
Department besides the State.
2. The present application has been preferred:
for issuance of a writ in the nature
of Mandamus Commanding and directing the
respondents authority to release the Tractor
Bearing Reg.No-BR05GC7251 Chassis No-
MBNAN48ADNTK30889. Engine No-391355
SEK19825 to the petitioner forthwith which
was seized by the Officer In-charge
Bargainiya Police Station, Sitamardhi and
Patna High Court CWJC No.1871 of 2026(2) dt.09-04-2026
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the Investigating Officer of Bargainiya
P.S.Case No-255 of 2025 in connection with
Bargainiya P.S.Case No-255 of 2025 dated-
24-12-2025 instituted under the Bihar
Minerals (Concession prevention of illegal
mining transportation and storage Rule 2019
and Amendment Act 2024, Rule 56(2),
Section 21 of the MMDR Act and 303(2),
317, 318 of the BNS.
3. Learned counsel for the petitioner submits though
the tractor bearing Registration No. BR-05-GC-7251 had been
seized during raid by the respondents under Bargainiya Police
Station, Sitamarhi, neither the fine amount has been provided
nor any other information given and he is suffering due to
stranded tractor which is there under the sky, getting
deteriorated.
4. Learned counsel representing the Mines
Department submits that if the petitioner approaches the Mining
Development Officer, Sitamarhi, appropriate steps shall be
taken.
5. Having heard the parties, it is unfortunate that
despite passage of three months and seizure of the vehicle, the
respondents have not even provided the document to show
whether during the pendency of the proceeding, the amount of
fine that the petitioner can pay so that he can get the tractor
Patna High Court CWJC No.1871 of 2026(2) dt.09-04-2026
3/3
released as an undertaking has already been given that if such
release order is passed, it will not be alienated and shall be
presented as and when required.
6. In that background, the writ petition is disposed of
directing the petitioner to approach the respondent no. 3, the
Mining Development Officer, Sitamarhi in four weeks who shall
be duty-bound to immediately take steps and provide
documents/ fine amount and if such payment is made, to be
released in his favour on undertaking given by him that it shall
not been alienated and/or the vehicle will be presented when
required.
7. Pending I.A(s), if any, also stands disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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