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Patna High Court

Ram KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner must approach the Mineral Development Officer and that the authorities should issue a notice before any further action, thereby refusing to grant mandamus for the release of the seized truck.

Summary

Ram Kumar filed a writ petition seeking mandamus for the release of his truck seized on 27‑11‑2024 under sections 303(2), 317(2) and 3(5) of the B.N.S., and also to restrain any further coercive steps, investigation and confiscation proceedings. He contended that no notice had been served, depriving him of an opportunity to reply or pay the prescribed fine. The State and the various departmental respondents argued that the grievance should be addressed before the Mineral Development Officer, Saran. The Court held that the petitioner must appear before the Mineral Development Officer within four weeks, after which a proper notice should be issued and, if necessary, the fine can be deposited for release of the vehicle. Accordingly, the writ petition was disposed without granting the reliefs claimed, emphasizing compliance with procedural requirements.

Issues considered

  • Whether the seizure of the petitioner’s truck without prior notice violates the procedural requirements of the B.N.S.
  • Whether a writ of mandamus can be issued to compel the release of the seized vehicle and to stay the investigation and confiscation proceedings.
  • Whether the petitioner is required to approach the Mineral Development Officer before the court can entertain the reliefs sought.

Legislation cited

  • B.N.S. — s. 303(2), 317(2), 3(5)

Subjects

  • seizure
  • mandamus
  • notice
  • vehicle
  • mineral department
  • administrative law
  • writ petition
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3066 of 2026
                 ======================================================
                 Ram Kumar S/o Ram Surat Chaudhary, R/o Village- Madwanagar,
                 Gandhinagar, Marwa Nagar, P.O.- Basti, P.S.- Kotwali, District- Basti-
                 271001 (Uttar Pradesh).
                                                                          ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar through Principal Secretary, Department of Mines and
                  Geology, Government of Bihar, Patna.
           2.    The Principal Secretary, Home Department, Government of Bihar, Patna.
           3.    The District Magistrate, Saran at Chapra.
           4.    The Superintendent of Police, Saran at Chapra.
           5.    The Mineral Development Officer, Saran at Chapra.
           6.    The District Mining Officer, Saran at Chapra.
           7.     The Officer-in-Charge, Doriganj Police Station, Saran at Chapra.
                                                                            ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Singh, Advocate
                 For the State            :      Mr. Standing Counsel (07)
                 For the Mines Dept.      :      Mr. Naresh Dikshit, Spl. PP Mines
                                          :      Ms. Shruti Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   30-04-2026                    Heard Mr. Abhishek Singh, learned counsel for the

                   petitioner and Mr. Naresh Dikshit, learned Spl. PP Mines duly

                   assisted by Ms. Shruti Singh 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 number UP-51-BT-8735

                                        which has been seized on 27.11.2024.

                                                 (ii) for issuance of writ in the nature of

                                        "Mandamus" commanding the respondents not to
Patna High Court CWJC No.3066 of 2026(2) dt.30-04-2026
                                            2/3




                             take coercive steps against the petitioner in

                             pursuance of Doriganj P.S. Case no. 310/2024

                             which was registered on 27.11.2024 under

                             sections 303(2), 317(2), 3(5) of the B.N.S. For

                             issuance of an appropriate writ, direction or

                             order upon the respondents herein for staying the

                             investigation and further proceedings pursuant to

                             F.I.R. pertaining to Doriganj P.S. Case no.

                             310/2024 which was registered on 27.11.2024

                             under sections 303(2), 317(2), 3(5) of the B.N.S.

                                         (iii) for issuance of writ in the nature

                             of "Mandamus" commanding the respondents not

                             to take coercive steps against the vehicle under

                             consideration and further not to initiate any

                             confiscation proceeding against the said vehicle

                             under      consideration.   For   issuance   of   an

                             appropriate writ, direction or order upon the

                             respondents herein for staying the confiscation

                             proceedings if any initiated against the vehicle

                             under consideration.

                                         (iv) for any other relief or reliefs for

                             which the petitioner be found entitled in the eye

                             of law.”
            Patna High Court CWJC No.3066 of 2026(2) dt.30-04-2026
                                                        3/3




                                  3. The stand of the petitioner is that despite the seizure

                      made on 27.11.2024, even the notice has not been issued to him

                      so that he could reply, do the needful, in accordance with law for

                      the release of the vehicle.

                                  4. Learned Spl. PP Mines submits that he should

                      appear before the concerned respondent no.5, the Mineral

                      Development Officer, Saran at Chapra for the redressal of the

                      grievance.

                                  5. Learned counsel for the petitioner submits that he

                      undertakes to appear before the concerned respondent in next

                      four weeks.

                                  6. If    the    petitioner         approaches   the   concerned

                      respondent, proper notice shall be handed over to him (if still has

                      not been issued) so that he could reply to it and if needed, can

                      also deposit the fine amount for the release of the vehicle.

                                  7. The writ petition is disposed of with the aforesaid

                      observation.



                                                    (Rajiv Roy, J)
vinayak/-

U


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