Patna High Court
Bhola YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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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