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Patna High Court

Bhola YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered the release of the tractor subject to the petitioner’s compliance with the stipulated payment conditions, effectively granting mandamus for release.

Summary

The petitioner, Bhola Yadav, filed a writ petition seeking the release of his tractor (Reg. No. BR25G-7532) seized by the Mining Inspector on alleged overloading with sand. He contended that the seizure was illegal and requested mandamus for release, certiorari to quash the penalty notice, compensation for losses, and payment of litigation costs. The petitioner offered to pay the stipulated penalty of Rs.1,13,313 in two instalments, with a condition that failure to pay the second instalment would permit re‑seizure. The Mines Department did not oppose the release, acknowledging that keeping the vehicle under open sky served no purpose. Justice Rajiv Roy disposed of the petition, directing the respondents to release the tractor provided the petitioner fulfills the payment conditions, thereby granting the mandamus relief but not addressing the other ancillary prayers.

Issues considered

  • Was the seizure of the tractor by the Mining Inspector lawful under the applicable mining regulations?
  • Is the petitioner entitled to a writ of mandamus directing the release of the seized tractor?
  • Can the penalty notice issued by the Mining Development Officer be quashed by certiorari?
  • Is the petitioner entitled to compensation for losses arising from the alleged illegal seizure?
  • Should provisional release of the tractor be ordered pending the resolution of the writ petition?

Subjects

  • illegal seizure
  • mandamus
  • certiorari
  • mining law
  • vehicle seizure
  • penalty
  • compensation
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3590 of 2026
                 ======================================================
                 Bhola Yadav Son of Krishna Yadav, Resident of Village- Rahilapar, Police
                 Station- Bhagwanganj, Sub-Division, Masaurhi, District- Patna.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary, Department of Mines and
                 Geology, Government of Bihar, Patna.
           2.    The District Magistrate, Patna.
           3.    The Mining Development Officer, Patna.
           4.    The Mines Inspector, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Suresh Kumar, Advocate
                 For the Respondent/s   :        Mr.Sunil Kumar Mandal, AC to SC-3
                 For the Mines          :        Mr. Naresh Dixit, Sp.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   02-04-2026                    Heard Mr.Suresh Kumar, learned counsel for the

                   petitioner and the State.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            (i) to issue an appropriate writ, order or

                                            direction in the nature of MANDAMUS

                                            commanding the concerned respondents to

                                            release the Tractor of the petitioner bearing

                                            Registration no. BR25G-7532,which has

                                            been illegally and unauthorizedly seized by

                                            the Respondent no.4 on 08.09.2025 on the

                                            false allegation of being overloaded with
Patna High Court CWJC No.3590 of 2026(2) dt.02-04-2026
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                                  yellow sand;

                                  (ii) to issue an appropriate writ, order,

                                  direction in the nature of Certiorari for

                                  quashing        the     letter    no.2706/M     dated

                                  18.12.2025 issued under the signature of

                                  Mining                 Development            Officer,

                                  Patna(Respondent             no.3)    whereby    and

                                  whereunder the Respondent no.3 has asked

                                  the petitioner to deposit Rs. 1,13,313(Rupees

                                  One Lakh Thirteen Thousand Three Hundred

                                  Thirteen)only penalty and value of the

                                  mineral;

                                  iii) to issue an appropriate writ, order or

                                  direction in of Mandamus directing the

                                  Respondents             to       provide   adequate

                                  compensation for the losses suffered by the

                                  petitioner on account of illegal seizure of the

                                  aforesaid Tractor of the petitioner;

                                  (iv) to issue an order or direction to the

                                  Respondents to pay the cost of litigation

                                  incurred in filing of the present writ

                                  application to the petitioner;
Patna High Court CWJC No.3590 of 2026(2) dt.02-04-2026
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                                  (v) oo issue an appropriate writ, order and

                                  direction in the nature of Mandamus for

                                  provisional release of the tractor of the

                                  petitioner alongwith its trailor loaded with

                                  sand      during       pendency   of   the   writ

                                  application;

                                  (vi) to grant any other relief or reliefs which

                                  the petitioner may be found entitled to in the

                                  facts and circumstances of the case.

                       3. The matter relates to release of a tractor having

          registration no. BR25G-7532 which was intercepted/seized by

          the Mining Inspector, Patna on the ground of overloading.

                       4. The submission is that he shall be agitating the

          matter in an appropriate proceeding but keeping the tractor

          seized under an open sky will serve no purpose and he is ready

          to pay the fine amount of Rs.1,13,313/- but being a poor person,

          the submission is that it may be bifurcated in two parts

          inasmuch as:

                                             (i) Rs.63,313/- through Demand

                                             Draft issued by the local branch of

                                             the State Bank of India at the time of
         Patna High Court CWJC No.3590 of 2026(2) dt.02-04-2026
                                                     4/4




                                                      release of the tractor;

                                                      (ii) Rs.50,000/- by way of same

                                                      Demand Draft within a period of

                                                      four weeks;

                                                      (iii) failure to pay Rs.50,000/-, the

                                                      authority shall be free to take

                                                      immediate steps for seizure of the

                                                      tractor.

                                5.      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 is not going

                   to 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, if the conditions undertaken (as recorded in

                   paragraph-4) is fulfilled.



                                                 (Rajiv Roy, J)
Ravi/-

U


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