Patna High Court
Firoj AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner must first approach the Mining Development Officer to obtain the necessary documents and pay the applicable fine before the seized tractor can be released, and therefore did not grant the writ of mandamus.
Summary
Petitioner Firoj Alam filed a writ petition seeking a mandamus directing the State authorities to release his tractor (Reg. No. BR-30-GA-6069) seized by the police under the Bihar Minerals (Concession prevention of illegal mining transportation and storage) Rule and the MMDR Act. The petitioner alleged that no fine amount or release procedure had been communicated, causing hardship. The respondents argued that the petitioner should approach the Mining Development Officer for appropriate steps. The Court observed that three months had elapsed without the authorities providing any fine details or release order. Consequently, the Court disposed of the writ, directing the petitioner to approach the Mining Development Officer within four weeks to obtain the required documents, pay any fine, and secure release upon undertaking not to alienate the vehicle. All pending interim applications were also disposed.
Issues considered
- Whether the authorities are liable to release a seized vehicle without first specifying and collecting a fine under the Bihar Minerals Rule and MMDR Act.
- Whether a writ of mandamus can be issued directing immediate release of the seized tractor.
Legislation cited
Subjects
- mandamus
- seizure
- mining law
- vehicle release
- administrative law
- Bihar
- fine
- illegal mining
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1873 of 2026
======================================================
Firoj Alam Son of Shekh Nathuni, Resident of Village- Ashogi, P.S-
Bargainiya, District-Sitamardhi.
... ... 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. Government Pleader (2)
======================================================
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
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 RegistrationN.
release the Tractor bearing
BR30GA6069,Chassis. NoT053522034KK,
Engine No E 3586827 to the petitioner
forthwith which was seized by the Officer In-
charge Bargainiya Police Station.
Sitamardhi and the Investigating Officer of
Patna High Court CWJC No.1873 of 2026(2) dt.09-04-2026
2/3
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 which is
pending in the Court of learned C.J.M.
Sitamarhi.
3. Learned counsel for the petitioner submits though
the tractor bearing Registration No. BR-30-GA-6069 was
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
Patna High Court CWJC No.1873 of 2026(2) dt.09-04-2026
3/3
fine that the petitioner can pay so that he can get the tractor
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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