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Patna High Court

Waquar RazaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order dated 06.01.2026 is quashed for being unreasoned and arbitrary, and the vehicle is to be released conditionally pending fresh consideration.

Summary

Petitioner Waquar Raza challenged the illegal seizure of his vehicle by Bihar authorities, seeking a writ of certiorari, mandamus for release, and an independent inquiry. The High Court examined the order dated 06.01.2026 that rejected his show‑cause reply without recording any reasons. Relying on the Supreme Court’s decision in Kranti Associates v. Masood Ahmed Khan, the Court held that a quasi‑judicial authority must give a reasoned order, and the failure to do so amounted to an arbitrary exercise of power. Consequently, the Court quashed the impugned order, remitted the matter to the Mineral Development Officer for a fresh, reasoned consideration, and granted interim relief by ordering the vehicle’s release subject to security and other conditions. The petition was disposed with directions for re‑weighing the vehicle in the presence of the petitioner.

Issues considered

  • The order rejecting the petitioner's show‑cause reply was issued without recording reasons, violating principles of natural justice.
  • Whether the seizure of the petitioner's vehicle was illegal and liable to be quashed.
  • Whether a writ of mandamus can be issued directing the immediate release of the seized vehicle.
  • Whether an independent inquiry into the actions of the police and mining officials is warranted.
  • Whether interim relief of conditional release of the vehicle is appropriate pending final determination.

Subjects

  • vehicle seizure
  • writ of certiorari
  • writ of mandamus
  • reasoned order
  • natural justice
  • administrative law
  • interim relief
  • security deposit
  • mineral development officer

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19638 of 2025
                 ======================================================
                 Waquar Raza son of Sabir Hussain resident of Mohalla- Sirat Nagar, above
                 Indian Hospital, Near Haweli Dhaba, Neori, Police Station -Sadar, District-
                 Ranchi (Jharkhand)
                                                                            ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through the Chief Secretary, Government of Bihar, Patna
           2.    The Director, Mines and Geology Department, Government of Bihar, Patna.
           3.    The District Magistrate, Nawada, Bihar
           4.    The Superintendent of Police, Nawada, Bihar
           5.    The Mines Inspector, Mines and Geology Department, Nawada, Bihar
           6.    The Mineral Development Officer, Mines and Geology Department,
                 Nawada, Bihar.
           7.    The SHO, Rajauli police station, Nawada, Bihar
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Deepak Kumar, Advocate
                 For the State           :       Mr. Kumar Manish, SC-5
                                                 Mr. Arun Kumar Prasad, AC to SC-15
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   03-02-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. The petitioner has moved the Court for the

                   following reliefs:

                                              “(i) For issuing a writ of certiorari or any
                                  other appropriate writ quashing the illegal seizure of
                                  the vehicle of the petitioner bearing Registration
                                  No.- JH01FW-1217, which has been illegally seized
                                  on 24.10.2025 by the respondent and no documents
                                  regarding aforesaid seizure has been provided.
                                              (ii) For issuance of a writ of Mandamus
                                  directing the immediate release of the seized vehicle
                                  which was seized without following due process of
                                  law.
                                              (iii) For directing an independent enquiry
                                  of the illegal and coercive actions of police officials
                                  of Rajauli police station, Nawada as well as officials
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                       of Mines & Geology Department, Nawada.”

                      3. The truck of the petitioner was seized 24.10.2025.

          It was directed to be released after hearing the petitioner. The

          petitioner has filed his show cause before the Mineral

          Development Officer on 31.12.2025 which has been rejected by

          an order dated 06.01.2026. The entirety of the order dated

          06.10.2026 is reproduced hereinbelow:




                      4. In view of the judgment of the Hon’ble Supreme
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          Court in the case of Kranti Associates (P) Ltd. v. Masood

          Ahmed Khan, reported as (2010) 9 SCC 496, this Court is of

          the view that the impugned order is no order in the eyes of law.

          The Hon’ble Supreme Court in the case of Kranti Associates

          (P) Ltd. (supra) has held as under:-

                                  “46. The position in the United States has been
                                  indicated by this Court in S.N. Mukherjee
                                  [(1990) 4 SCC 594 : 1990 SCC (Cri) 669 : 1991
                                  SCC (L&S) 242 : (1991) 16 ATC 445 : AIR
                                  1990 SC 1984] in SCC p. 602, para 11 : AIR
                                  para 11 at p. 1988 of the judgment. This Court
                                  held that in the United States the courts have
                                  always insisted on the recording of reasons by
                                  administrative authorities in exercise of their
                                  powers. It was further held that such recording
                                  of reasons is required as “the courts cannot
                                  exercise their duty of review unless they are
                                  advised of the considerations underlying the
                                  action under review”. In S.N. Mukherjee
                                  [(1990) 4 SCC 594 : 1990 SCC (Cri) 669 : 1991
                                  SCC (L&S) 242 : (1991) 16 ATC 445 : AIR
                                  1990 SC 1984] this Court relied on the
                                  decisions of the US Court in Securities and
                                  Exchange Commission v. Chenery Corpn. [87 L
                                  Ed 626 : 318 US 80 (1942)] and Dunlop v.
                                  Bachowski [44 L Ed 2d 377 : 421 US 560
                                  (1974)] in support of its opinion discussed
                                  above.”
                                  “47. Summarizing the above discussion, this
                                  Court holds:
                                          (a) In India the judicial trend has
                                  always been to record reasons, even in
                                  administrative decisions, if such decisions
                                  affect anyone prejudicially.
                                          (b) A quasi-judicial authority must
                                  record reasons in support of its
                                  conclusions.
                                          (c) Insistence on recording of
                                  reasons is meant to serve the wider
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                                  principle of justice that justice must not
                                  only be done it must also appear to be done
                                  as well.
                                          (d) Recording of reasons also
                                  operates as a valid restraint on any
                                  possible arbitrary exercise of judicial and
                                  quasi-judicial or even administrative
                                  power.
                                          (e) Reasons reassure that discretion
                                  has been exercised by the decision-maker
                                  on relevant grounds and by disregarding
                                  extraneous considerations.
                                          (f) Reasons have virtually become
                                  as indispensable a component of a
                                  decision-making process as observing
                                  principles of natural justice by judicial,
                                  quasi-judicial and even by administrative
                                  bodies.
                                          (g) Reasons facilitate the process of
                                  judicial review by superior courts.
                                          (h) The ongoing judicial trend in all
                                  countries committed to rule of law and
                                  constitutional governance is in favour of
                                  reasoned decisions based on relevant facts.
                                  This is virtually the lifeblood of judicial
                                  decision-making justifying the principle
                                  that reason is the soul of justice.
                                          (i) Judicial or even quasi-judicial
                                  opinions these days can be as different as
                                  the judges and authorities who deliver
                                  them. All these decisions serve one
                                  common purpose which is to demonstrate
                                  by reason that the relevant factors have
                                  been objectively considered. This is
                                  important for sustaining the litigants' faith
                                  in the justice delivery system.
                                          (j) Insistence on reason is a
                                  requirement for both judicial accountability
                                  and transparency.
                                          (k) If a judge or a quasi-judicial
                                  authority is not candid enough about
                                  his/her decision-making process then it is
                                  impossible to know whether the person
                                  deciding is faithful to the doctrine of
                                  precedent       or     to    principles    of
                                  incrementalism.
                                          (l) Reasons in support of decisions
                                  must be cogent, clear and succinct. A
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                                  pretence of reasons or “rubber-stamp
                                  reasons” is not to be equated with a valid
                                  decision-making process.
                                           (m) It cannot be doubted that
                                  transparency is the sine qua non of
                                  restraint on abuse of judicial powers.
                                  Transparency in decision-making not only
                                  makes the judges and decision-makers less
                                  prone to errors but also makes them subject
                                  to broader scrutiny. (See David Shapiro in
                                  Defence of Judicial Candor [(1987) 100
                                  Harvard Law Review 731-37] .)
                                         (n) Since the requirement to record
                                  reasons emanates from the broad doctrine
                                  of fairness in decision-making, the said
                                  requirement is now virtually a component
                                  of human rights and was considered part of
                                  Strasbourg Jurisprudence. See Ruiz Torija
                                  v. Spain [(1994) 19 EHRR 553] EHRR, at
                                  562 para 29 and Anya v. University of
                                  Oxford [2001 EWCA Civ 405 (CA)] ,
                                  wherein the Court referred to Article 6 of
                                  the European Convention of Human Rights
                                  which requires, “adequate and intelligent
                                  reasons must be given for judicial
                                  decisions”.
                                         (o) In all common law jurisdictions
                                  judgments play a vital role in setting up
                                  precedents for the future. Therefore, for
                                  development of law, requirement of giving
                                  reasons for the decision is of the essence
                                  and is virtually a part of “due process”.

                      5. Upon perusal of the order dated 06.01.2026, this

          Court is of the considered opinion that no reasons have been

          assigned before rejecting the reply to the show cause filed by

          the petitioner. Non assigning of reasons is indicative of total

          non- application of mind by the concerned competent authority

          and is arbitrary and therefore unsustainable.

                      6. In these circumstances, the order dated 06.01.2026
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          is hereby quashed.

                      7. The matter is remitted back to the Mineral

          Development Officer for fresh consideration in accordance with

          law who shall pass a reasoned and speaking orderafter hearing

          the petitioner.

                      8. Since no fruitful purpose will be served in keeping

          the vehicle seized, therefore, considering the law laid down by

          the Hon’ble Supreme Court in the case of Sunderbhai Ambalal

          Desai vs. State of Gujarat reported as 2002 (10) SCC 283,

          during pendency of the matter before the concerned authority,

          the vehicle in question bearing registration number JH01FW-

          1217 shall be released in favour of the petitioner by way of

          interim relief with the following conditions:

                                             i.   The petitioner shall furnish a
                                                  security of rupees Nine lakhs
                                                  Twenty Five thousand (not in
                                                  the form of bank guarantee or
                                                  fixed     deposit)     before   the
                                                  concerned/competent authority
                                                  at the time of release of the
                                                  vehicle in question.
                                             ii. The petitioner shall furnish all
                                                  the necessary papers/documents
                                                  of      ownership      before   the
                                                  concerned/competent authority.
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                                                        iii. The petitioner shall undertake,
                                                             in writing, that the vehicle in
                                                             question,    shall    neither    be
                                                             alienated            nor         be
                                                             transferred/sold in favour of
                                                             any third party during the
                                                             pendency of the proceeding and
                                                             that the truck in question shall
                                                             be produced as and when called
                                                             upon    or    required     in   the
                                                             proceeding or otherwise.
                                                        iv. If any jurisdictional objection is
                                                             taken by the petitioner, that
                                                             shall also be considered by the
                                                             authority     concerned.        The
                                                             petitioner will also cooperate
                                                             with the authorities till the final
                                                             disposal of the proceeding.
                                 9. It is made clear that before releasing the truck of

                     the petitioner in question, it should be re-weighted along with

                     the stone chips in the presence of the petitioner.

                                 10. With the aforesaid observations and directions,

                     this writ petition is disposed of.


                                                                     (Sandeep Kumar, J)

P. Kumar

U


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