Patna High Court
Subhash Kumar MehtaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court declined to issue a mandamus and instead directed the petitioner to approach the District Mining Officer to pay the fine and obtain release of the truck.
Summary
Petitioner Subhash Kumar Mehta filed a writ petition seeking a mandamus to release his truck (Reg. No. JH-12K-9048) seized on 02.12.2024 for alleged overloading of stone chips, claiming the seizure was illegal as it was done without notice or a hearing. The petitioner also sought compensation for the alleged illegal confinement of his vehicle. The Mines Department argued that the truck could be released upon payment of the fine, subject to continuation of proceedings. The Court, after hearing both sides, directed the petitioner to approach the District Mining Officer within a week to settle the fine and obtain release of the truck. No compensation was ordered, and the petition was disposed with the direction for administrative resolution.
Issues considered
- Whether the seizure of the petitioner's truck without notice or hearing violates his legal rights.
- Whether a writ of mandamus can be issued to compel the respondents to release the seized vehicle.
- Whether the petitioner is entitled to compensation for the alleged illegal confinement of his truck.
Subjects
- vehicle seizure
- overloading
- mandamus
- compensation
- mining law
- administrative law
- district mining officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2084 of 2026
======================================================
Subhash Kumar Mehta Son of Chotelal Mehta, R/o Behradih, Domchanch,
District- Koderma (Jharkhand).
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Department of Mines and Geology,
Government of Bihar, Patna.
2. The Secretary, Department of Mines and Geology, Government of Bihar,
Patna.
3. The District Magistrate, Nawada.
4. The Mineral Development Officer, District Mining Office, Nawada.
5. The Mining Inspector, District Mining Office, Nawada.
6. The Officer-in-Charge, Rajauli Police Station, Nawada.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnikant, Advocate
: Mr. Masoom Raza, Advocate
For the State : Mr. Government Pleader (04)
For the Mines Dept. : Mr. Naresh Dikshit, Spl. PP Mines
: Ms. Shruti Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 23-04-2026 Heard Mr. Rajnikant, learned counsel for the
petitioner and Ms. Shruti Singh, learned counsel representing
the Mines Department beside learned State counsel.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of writ in the nature of
"Mandamus" upon the concerned respondents to
release the seized Truck of the petitioner bearing
Registration No. JH-12K-9048 which has been
Patna High Court CWJC No.2084 of 2026(2) dt.23-04-2026
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illegally seized on 02.12.2024 in Rajauli P.S.
Case No.562/2024, without any notice or
opportunity of hearing.
(ii) for issuance of an appropriate writ
or any other order or direction commanding the
respondent authorities to release the vehicle
(Truck) of the petitioner bearing Registration
No.JH-12K-9048.
(iii) for direction to the respondent
authorities to pay compensation to the petitioner
for illegal confinement of his commercial
vehicle.
(iv) for issuance of such other order or
direction as the petitioner may be found entitled
to in the facts and circumstances of the instant
case.”
3. The Truck bearing registration no. JH-12K-9048
was intercepted near Rajauli and found involved in overloading
stone chips, this led to the F.I.R. vide a Rajauli P.S. Case No.562
of 2024 and the Truck stands seized.
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
Patna High Court CWJC No.2084 of 2026(2) dt.23-04-2026
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the truck is deteriorating, it being kept in the open sky and he is
ready to pay the fine amount under protest. 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.
5. Learned counsel representing the Mines Department
submits that if the petitioner is ready to pay the fine amount, 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, Nawada in next one week who shall
be taking up the matter and after payment of fine amount, shall
release the truck.
(Rajiv Roy, J)
vinayak/-
U
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