Patna High Court
Ram KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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