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Patna High Court

Jitendra RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered the release of the seized truck subject to the petitioner’s payment of the penalty in two instalments as specified.

Summary

The petitioner, Jitendra Ray, filed a writ petition seeking a mandamus directing the State of Bihar and its mining officials to release a commercial truck seized on grounds of overloading. The truck was seized by the District Mining Officer, Arwal, and a penalty of Rs.8,18,594 was levied via an e‑challan. The petitioner offered to pay the penalty in two instalments—Rs.5,18,594 immediately and the balance of Rs.3,00,000 within four weeks—contending that the vehicle, left exposed, would deteriorate. The Mines Department did not object to this arrangement. The court, considering the limited prayer and the department’s consent, ordered the release of the truck subject to the stipulated payment schedule, warning that failure to pay the balance would permit re‑seizure.

Issues considered

  • Whether the seizure of the truck by the District Mining Officer can be set aside by a writ of mandamus.
  • Whether the petitioner may be permitted to discharge the penalty in instalments for the release of the seized vehicle.

Subjects

  • writ petition
  • mandamus
  • vehicle seizure
  • overloading
  • penalty payment
  • instalment payment
  • mining department
  • release of vehicle

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.3251 of 2026
                 ======================================================
                 Jitendra Ray Son of Jagadish Ray, Resident of village- Chamtha Goptol, P.S.-
                 Bachhwara, District- Begusarai.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Additional Chief Secretary, Department of
                 Mines and Geology, Government of Bihar, Patna.
           2.    The Mines Director, Government of Bihar, Patna.
           3.    The Mines Commissioner, Government of Bihar, Patna.
           4.    The District Magistrate, Arwal.
           5.    The District Mining Officer, Arwal.
           6.    The Mineral Development Officer, Arwal.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Amit Kumar, Advocate
                 For the Respondent/s   :        Mr.Government Pleader (7)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   02-04-2026                  Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for issuance of an appropriate writ in the

                                            nature of MANDAMUS or any other writ(s),

                                            order(s),   direction(s),    command(s)      for

                                            directing the respondents to release the

                                            vehicle     truck    (commercial)       bearing

                                            Registration No.BR09GA6541, Chasis No.

                                            MAT541068J1J29360,                      Engine

                                            No.ISBE5.91804081363732058 in favour of
Patna High Court CWJC No.3251 of 2026(2) dt.02-04-2026
                                            2/3




                                  the petitioner.

                       3. The matter relates to seizure of a vehicle (Truck)

          bearing      registration      no.        BR09GA6541     which     was

          intercepted/seized by the District Mining Officer, Arwal on the

          ground of overloading. Though, the order of the District Mining

          Officer, Arwal is unavailable.

                       4. Learned counsel for the petitioner has drawn

          attention to the e-challan issued on the same day to show that

          penalty amount is Rs. 8,18,594/-.

                       5. Reserving his right to agitate the matter in

          accordance with law, since the truck is stationed under an open

          sky and it will deteriorate further, he is ready to pay Rs.

          8,18,594/-. However, the submission is that since the truck is

          idle, he has economic problem, be allowed to pay in two

          instalments inasmuch as:

                                      (i) Rs.5,18,594/- through Demand Draft

                                      issued by the local branch of the State

                                      Bank of India at the time of release of the

                                      truck;

                                      (ii) rest Rs. 3,00,000/- by way of same

                                      Demand Draft within a period of four

                                      weeks;
         Patna High Court CWJC No.3251 of 2026(2) dt.02-04-2026
                                                       3/3




                                               (iii)     failure    to   pay      the     rest   of

                                               Rs.3,00,000/-, the authority shall be free

                                               to take immediate steps for seizure of the

                                               vehicle in question.

                                6.    Learned          counsel     representing     the     Mines

                   Department do not object to it and rightly so as keeping the

                   truck under an open sky till the proceeding is over will not

                   benefit anyone.

                                7. In that background and in view of the limited

                   prayer put forward by the petitioner through its learned counsel,

                   the writ petition is disposed of directing the respondents to

                   release the truck subject to the conditions undertaken (and

                   recorded in paragraph-5) is fulfilled.



                                                 (Rajiv Roy, J)
Ravi/-

U


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