Patna High Court
Pankaj Kumar @ Pankaj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner must first answer the show‑cause notice, and therefore the writ petition was disposed without ordering the release of the seized JCBs.
Summary
Petitioner Pankaj Kumar filed a writ petition seeking the release of two seized JCBs and a stay on notices demanding payment of Rs 10 lakhs under Bihar Minerals (Concession, Prevention of Illegal Mining Transportation & Storage) Amendment Rule, 2024. The seizure was effected by the police on the basis of a claim of illegal mining. The petitioner argued that the seizure was arbitrary and that he had documents proving lawful use. The respondents issued a show‑cause notice under Rule 56(4) and threatened auction of the vehicles. The Court held that the petitioner must first comply with the show‑cause notice and that the appropriate remedy lies in that administrative process, thereby disposing of the writ petition without ordering release of the JCBs.
Issues considered
- Whether the seizure of the petitioner’s JCBs was illegal and arbitrary warranting a writ of mandamus for their release.
- Whether the notices under Rule 56(4) and 56(7) of the Bihar Minerals (Concession, Prevention of Illegal Mining Transportation & Storage) Amendment Rule, 2024 demanding payment and threatening auction can be stayed.
- Whether the petitioner must first answer the show‑cause notice before the Court can grant relief.
Subjects
- illegal mining
- seizure of vehicle
- mandamus
- Bihar Minerals Rule 2024
- show cause notice
- administrative law
- auction of seized property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2872 of 2026
======================================================
Pankaj Kumar @ Pankaj Kumar Singh son of Devendra Prasad Singh,
Resident of village- Bishunpur Diha, Police Station-Singhiya, District-
Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Department of Mines and Geology, Vikash
Bhawan, Govt. of Bihar, Patna.
3. The Director of Mines, Department of Mines and Geology, Govt. of Bihar,
Patna.
4. The District Magistrate cum Collector, Samastipur.
5. The Assistant Director of Mines, Samastipur.
6. The District Mines Officer, Samastipur.
7. The Superintendent of Police, Samastipur.
8. The Circle Officer, Samastipur.
9. The, S.H.O., of Singhiya Police Station, Singhiya, District-Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Respondent/s : Mrs. Shally Kumari, AC to SC-24
For the Mines : Mr. Naresh Dikshit, Spl.P.P., Mines
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 30-04-2026 Heard Mr. Pramod Kumar Singh, learned counsel for
the petitioner and Mr. Naresh Dikshit, Spl.P.P., Mines
Department as also Mrs. Shally Kumari, learned AC to SC-24.
2. The present petition has been preferred for the
following relief(s):
“(i) To give order/orders,
direction/directions commanding the Respondents
to release the seized two J.C.B. of petitioner
Patna High Court CWJC No.2872 of 2026(2) dt.30-04-2026
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bearing Registration No. BR01GH6233, Chasis
No. NKJ770EXCKKH02986, Engine No.
804545731-250863 and J.C.B. Registration No.
BR33GB2724, Chasis No.
THEWABDOJM0002315, Engine No.
12A849335514 which have illegally and arbitrary
been seized in Singhiya P.S. Case No. 103 of 2025
on 18.06.2025 on the ground of illegal mining by
issuing a writ in the nature of mandamus.
(ii) To stay the letter No. 1617 dated
28.11.2025 issued by the Assistant Director,
District Mines office, Samastipur whereby and
where under petitioner has been directed to deposit
the mineral and compound fee Rs. 10,00000/-(Ten
Lakhs) within one Month otherwise as per Rule of
56(4) of the Bihar Minerals (Concession,
Prevention of illegal Mining Transportation &
Storage) Amendment Rule, 2024 in which The
J.C.B. would be auctioned sale after acquiring the
seized J.C.B. by issuing a writ in the nature of
Mandamus.
(iii) To stay the letter No. 1740 dated
Patna High Court CWJC No.2872 of 2026(2) dt.30-04-2026
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31.12.2025 issued by the Assistant Director office
of District Mines, Samastipur whereby and where
under Rs. 10,00,000/- (Ten Lakhs) has been
imposed to the vehicle owner namely Pankaj
Kumar (Petitioner) under rule 56(4) and 56(7) of
the Bihar Minerals (Concession, Prevention of
illegal Mining Transportation & Storage)
Amendment Rule, 2024 in which the J.C.B. of
petitioner bearing BR01GH6233 was requested to
acquire and submitted the recommendation for
auction sale by issuing a writ in the nature of
mandamus.
(iv) To any other writ order of direction
to which petitioner is entitled to get his reliefs in
facts and circumstances of the case.”
3. The Circle Officer, Singhiya, Samastipur vide
memo no. 494 dated 18.06.2025, requested the S.H.O. Singhiya
Police Station to lodge FIR against the illegal miners recording
that on secret information, they reached at Vishnupur Keotahar
and found JCBs being used for illegal mining. Accordingly,
seizure made and Singhiya P.S. Case No. 103 of 2025 lodged on
18.06.2025.
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4. Aggrieved by the seizure, the present petition.
5. A counter-affidavit has come on behalf of the
respondent nos. 4 to 6 and learned Spl.P.P. Mines Department
has taken this Court to memo no. 1617 dated 28.11.2025 to
show that the Assistant Director, District Mineral Office,
Samastipur has already issued notice and it would be
appropriate for the petitioner to appear and submit show cause
so that the matter is taken to its logical conclusion.
6. Learned counsel for the petitioner submits that he
has number of documents to support his case that it was not an
illegal mining.
7. In the opinion of the Court, once the notice has
been issued, learned Spl.P.P., Mines Department submits that
once a show cause is provided, it will be taken note of and a
final order will be passed, in that background, it would be
appropriate that the petitioner avails the said remedy.
8. In that background, the writ petition stands
disposed of allowing the petitioner to answer to the notice dated
28.11.2025 issued by the Assistant Director, District Mineral
Office, Samastipur.
9. Any further development which may have taken in
between, the petitioner is required to answer to those notices
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also and it is expected from the respondents that the matter shall
be taken to its logical conclusion which also includes
considering the release of the vehicle, pending the proceeding,
on submission/undertaking of appropriate guarantee/amount.
10. The writ petition stands disposed of with aforesaid
observation.
11. It is expected that the entire process shall be
completed within a period of three months from the date the
petitioner appears before the concerned respondent alongwith
the copy of the order.
(Rajiv Roy, J)
Adnan/-
U
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