Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court directed that the petitioner may pay the imposed fine and obtain release of the seized vehicle, without quashing the original order, subject to conditions on alienation and production of the vehicle.
Summary
The petitioner, Raju Kumar, challenged an order dated 07.03.2025 of the District Magistrate, Sheohar, which held him guilty under Rule 56(i)(ii) and imposed a penalty of Rs.9,06,189, also directing that an appeal lie before the Mines Commissioner. The truck bearing registration No. BR-27GA-6559 had been seized on 29.01.2025 for moving without valid documents, and the petitioner sought its release without surety and a writ of certiorari to quash the order. The Mines Department contended that the vehicle could be released upon payment of the fine, while the petitioner argued that the seizure caused economic hardship and he was willing to pay the fine under protest. The Court, with the parties' consent, disposed of the writ by directing the petitioner to approach the District Mining Officer within a week, pay the fine, and thereafter have the truck released, subject to conditions that the vehicle not be alienated and be produced when required. The order did not overturn the penalty but provided a practical remedy for the petitioner’s immediate hardship.
Issues considered
- Whether the District Magistrate's order imposing penalty under Rule 56 and seizing the vehicle is liable to be quashed by a writ of certiorari.
- Whether the petitioner is entitled to the release of the seized vehicle without the requirement of a surety.
- Whether conditions can be imposed on the petitioner regarding alienation of the vehicle pending final resolution.
Subjects
- seizure of vehicle
- mining law
- Rule 56
- penalty
- writ of certiorari
- release of seized property
- surety
- appeal to Mines Commissioner
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2354 of 2026
======================================================
Raju Kumar Son of Nageshwar Mahto, Resident of Ward No. 03, Gilani, P.S.
Sare, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Old
Secretariat, Patna.
2. The District Magistrate, Sheohar.
3. The Mining Officer Mines Department,, Sheohar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate
For the State : Mr. Addl. Advocate General 9
: Mr. Braj Bhushan Mishra, AC to AAG-9
For the Mines Dept. : Mr. Naresh Dikshit, Spl. PP Mines
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 23-04-2026 Heard Mr. Shashi Bhushan Singh, learned counsel
for the petitioner and Mr. Naresh Dikshit, learned Spl. PP Mines
Department beside learned State counsel.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) to issue an appropriate order/s,
direction/s including a Writ preferable in the
nature of CERTIORARI for quashing of order
dated 07.03.2025 passed in Case No. 29/2025 by
the District Magistrate, Sheohar has been
pleased to hold the petitioner guilty under Rule
56(i)(ii) and imposed a penalty of Rs.9,06,189/-
under Rule 56 (2)(ii) with a direction that appeal
lies before the Mines Commissioner, Bihar
Patna High Court CWJC No.2354 of 2026(2) dt.23-04-2026
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within Sixty days.
(ii) for direction to the respondents to
release the seized vehicle forthwith without
insisting upon surety, on such reasonable
conditions as deemed fit.
(iii) pass any other order(s) as this
Hon'ble Court may deem fit in the interest of
justice.”
3. The Truck of the petitioner bearing Registration
No.BR-27GA-6559 which was intercepted on 29.01.2025 while
moving from Dumka to Gopalganj and as it was without any
valid document, seized.
4. The Mines Department has filed affidavit bringing
on record that confiscation proceeding has been initiated and
notice has been issued on 25.11.2025 under the joint signature
of the Collector, Sheohar and the Mineral Development Officer,
Sheohar and the petitioner has to respond. The further
contention is that a fine of Rs.9,06,189/- has been imposed.
5. 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 and he is
Patna High Court CWJC No.2354 of 2026(2) dt.23-04-2026
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ready to pay the fine amount of Rs.9,06,189/- 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.
6. Learned counsel representing the Mines Department
submits that if the petitioner is ready to pay the fine amount of
Rs.9,06,189/-, the truck shall be released subject to the proceeding
to be continued.
7. In that background, with the consent of the parties,
the writ petition is disposed of allowing the petitioner to approach
the District Mining Officer, Sheohar in next one week who shall
be taking up the matter and after payment of fine amount of
Rs.9,06,189/-, shall release the truck. Further;
(i) the petitioner shall not alienate the land till
the pendency of the proceedings;
(ii) he shall be producing the vehicle as and
when required before the authority.
(Rajiv Roy, J)
vinayak/-
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