Patna High Court
Pramod KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The petition is disposed, directing the petitioner to approach the Mineral Development Officer for a decision, without granting any writ or interim relief.
Summary
Petitioner Pramod Kumar filed a writ petition seeking quashing of an E‑Challan and release of his truck seized on 8 February 2025 for alleged overloading, alleging that no seizure memo, notice, or hearing was provided, thereby violating natural justice. The respondents, including the State of Bihar and various mining officials, contended that the petitioner should approach the Mineral Development Officer (MDO) who is to pass a reasoned order. The Court observed that the matter is pending before the MDO and directed the petitioner to approach the MDO within two weeks and submit all documents proving a valid challan and absence of overloading. No writ of certiorari, interim relief, or compensation was granted; instead, the petition was disposed with the observation that the MDO will decide the matter within six weeks. Consequently, the petition was dismissed pending the MDO’s decision.
Issues considered
- Whether the seizure of the petitioner’s vehicle without notice, hearing, or seizure memo violates the principles of natural justice.
- Whether the E‑Challan dated 10‑02‑2025 can be quashed by a writ of certiorari.
- Whether interim relief directing the release of the seized vehicle is warranted.
Subjects
- vehicle seizure
- overloading
- natural justice
- writ of certiorari
- interim relief
- Mineral Development Officer
- E‑Challan
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2437 of 2026
======================================================
Pramod Kumar Son of Kishori Rai, R/O village Daudpur Bachicha, P.S.
Sahpur, District-Patna.
... ... 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, Patna
4. The Mineral Development Officer, District Mining Office, Patna
5. The Mining Inspector, District Mining Office, Patna
6. The Officer-in-Charge, Naubatpur Police Station, Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnikant, Advocate
: Mr. Ujjwal Kant Panday, Advocate
For the State : Mr. Standing Counsel 22
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 23-04-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) for issuance of an appropriate writ,
order or direction, including a writ in the nature
of Certiorari, for quashing the E-Challan dated
10.02.2025 issued by the Mineral Development
Officer, District Mining Office, Patna, whereby
and whereunder the petitioner's truck (L.P.K.
3118 BS-IV) bearing Registration No. BR-01GN-
2096 has been illegally seized on 08.02.2025
without following due process of law, despite the
Patna High Court CWJC No.2437 of 2026(2) dt.23-04-2026
2/3
petitioner possessing a valid challan, and the
respondent authorities have, till date, neither
issued any seizure memo nor served any notice
nor afforded any opportunity of hearing to the
petitioner, in gross violation of the principles of
natural justice.
(ii) for issuance of an appropriate
writ, order or direction granting interim relief,
directing the respondent authorities to forthwith
release the petitioner's vehicle bearing
Registration No. BR-01GN-2096 during the
pendency of the present writ petition, on such
terms and conditions as this Hon'ble Court may
deem fit and proper.
(iii) for issuance of an appropriate
writ, order or direction directing the respondent
authorities to pay adequate compensation to the
petitioner for the illegal seizure and unlawful
detention of his commercial vehicle, resulting in
financial loss and deprivation of livelihood.
(iv) for any other relief or reliefs for
which the petitioner be found entitled in the eye
Patna High Court CWJC No.2437 of 2026(2) dt.23-04-2026
3/3
of law.”
3. The petitioner’s vehicle having Registration
No.BR-01GN-2096 stands seized on 08.02.2025 while moving
from Vikram to Madhubani with a valid challan with sand on it.
The reason for seizure is of overloading.
4. At the outset, learned Special PP Mines submit that
the petitioner should move before the Mineral Development
Officer, Patna (respondent no.4) who shall be passing the
reasoned order in next four weeks.
5. In that background, the writ petition is disposed of
allowing the petitioner to approach the respondent no.4, the
Mineral Development Officer, Patna in next two weeks who
shall be takin a decision in the matter in next six weeks.
6. The petitioner is free to put forward all the
documents available under his belt to show that the movement
was on a valid challan and there was no such overloading.
7. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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