Patna High Court
Vishal MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that while the seizure was lawful, the truck must be released upon payment of the fine in installments, subject to conditions, and non‑payment permits re‑seizure.
Summary
The petitioner, Vishal Mishra, owned a truck that was seized by mining authorities on 30 October 2024 for alleged overloading of sand while transporting it from Bihar to Uttar Pradesh. He filed a writ petition seeking quashing of the seizure, immediate release of the vehicle, and interim relief, claiming financial hardship and offering to pay the fine in installments. The respondents, representing the State of Bihar and the Mines Department, contended that the truck was indeed overloaded and that a fine of Rs. 8,95,306 was due, with the vehicle seized as per law. The Court acknowledged the legality of the seizure but noted that keeping the truck exposed would cause further deterioration and financial loss to the petitioner. Accordingly, the Court directed the petitioner to pay an initial amount of Rs. 2,95,306 within four weeks and the remaining Rs. 6,00,000 in three equal installments by specified dates, after which the truck would be released, subject to compliance with the undertaking. Failure to meet the payment schedule would permit the respondents to re‑seize the vehicle, and the writ petition was disposed of with these observations.
Issues considered
- Whether the seizure of the petitioner's truck for alleged overloading is illegal and can be quashed.
- Whether the petitioner is entitled to interim release of the seized vehicle pending payment of the fine.
- Whether the court can order payment of the fine in installments as a condition for release.
- What consequences follow if the petitioner fails to comply with the installment payment schedule.
Subjects
- vehicle seizure
- overloading
- sand mining
- fine payment
- interim relief
- installment payment
- public law
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4000 of 2026
======================================================
Vishal Mishra Son of Ramashankar Mishra, R/o Village- Sohani Patti, Near
Sweety Convent School, P.S.- Buxar, District- Buxar, Bihar- 802101.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Department of Mines
and Geology, Government of Bihar, Vikas Bhawan, Bailey Road, Patna.
2. The Director, Mines and Geology Department, Bihar, Patna.
3. The District Magistrate, Bhojpur at Ara.
4. The Superintendent of Police, Bhojpur.
5. The Assistant Director, Mines and Geology Department, Bhojpur at Ara.
6. The Mineral Development Officer, District Mining Office, Bhojpur at Ara.
7. The Mining Inspector, Bhojpur at Ara.
8. The S.H.O. Agiyav Police Station, Bhojpur at Ara.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
Mr. Suraj Kumar Tiwari, Advocate
For the Respondent/s : Mr. Rajeshwar Singh, GA-10
Mr. Jitendra Kumar, AC to GA-10
For the Mines : Mr. Naresh Dikshit, Spl.P.P.
Mr. Brij Bihari Tiwary, Advocate
Mr. Utkarsh Pathak, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-06-2026 Heard Mr. Suraj Kumar Tiwari, learned counsel for
the petitioner, Mr. Naresh Dikshit, learned Spl.P.P. for the Mines
Department and Mr. Jitendra Kumar, AC to GA-10.
2. The present petition has been preferred for the
following relief(s):
“i. For issuance of appropriate
writ/writs, direction/directions and order/orders for
quashing the illegal seizure of the petitioner's
Patna High Court CWJC No.4000 of 2026(2) dt.18-06-2026
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vehicle bearing registration no. UP-67-AT-3524,
Engine no. ISBE5.91804081K63737315, and
chassis no. MAT541068J1K31547 which was
seized by the order dated 30.10.2024 passed by
Respondent No. 7.
ii. For issuance of appropriate
writ/writs, direction/directions and order/orders
directing the immediate release of the petitioner's
seized vehicle as its prolonged seizure is causing
financial distress.
iii. For issuance of appropriate writ by
granting interim relief by directing the release of
the petitioner's vehicle during the pendency of this
writ petition.
iv. For issuance of appropriate
writ/writs, direction/directions and order/orders,
which the petitioner is found entitled under the
facts and circumstances of the case.”
3. The petitioner is owner of a truck bearing
Registration No. UP-67-AT-3524 which was moving from
Bhojpur (Bihar) to Ballia (Uttar Pradesh) with a challan
showing sand with 729.75 Cft. It was intercepted under the
Patna High Court CWJC No.4000 of 2026(2) dt.18-06-2026
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Agiawa Police Station jurisdiction and found to be overloaded
inasmuch as on weight, it came to 897 Cft. Accordingly, the
same was seized.
4. Aggrieved, the present writ petition.
5. Learned counsel for the petitioner submits that
calculating the sand that was present at the petrol pump, it has
been shown as overloaded. The truck was seized on 30.10.2024,
is under an open sky and getting deteriorated each and every
day beside causing economic loss to the petitioner/family
members. The submission is that he is ready to pay the amount
in installment as he is facing financial crisis due to seizure of the
truck but the amount has not been provided.
6. Learned counsel for the petitioner further submits
that if the truck is released upon payment of the fine amount:
(i) he shall not alienate the said truck; and
(ii) he shall produce the same before the
respondent-authorities as and when required.
7. Learned Spl.P.P. for the Mines Department submits
that the sand lying at the petrol pump had been dumped there by
the petitioner's truck after noticing the presence of the
authorities at the spot, and the same can be verified through
various sources, including CCTV footage available at the petrol
Patna High Court CWJC No.4000 of 2026(2) dt.18-06-2026
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pump.
8. It is further submitted that the fine amount already
stands disclosed in the counter affidavit filed on behalf of the
respondents, which comes to approximately Rs. 8,95,306/-.
9. This Court has taken note of the facts of the case
and the submissions advanced by the learned counsels.
Admittedly, an interception has taken place and the petitioner
shall have to pursue the remedies available to him in accordance
with law. However, so far as the truck is concerned, keeping it
under the open sky would only lead to its further deterioration
as the seizure has already taken place in the year 2024.
10. This Court has also taken note of the submission
of learned counsel for the petitioner that, due to the seizure of
the truck, the family is facing financial hardship and that, while
reserving his right to contest the matter in accordance with law,
he may be permitted to pay the fine amount in installments.
11. In that background, this Court directs the
petitioner to approach the Mining Development Officer,
Bhojpur at Ara in next four weeks alongwith the
order/application/demand draft of Rs. 2,95,306/- and if such
petition is filed after fulfilling all the legal formalities which
is/are required for the release of the truck including the
Patna High Court CWJC No.4000 of 2026(2) dt.18-06-2026
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undertaking given in para 6 of the petition, it be released in
favour of the petitioner.
12. The remaining amount of Rs. 6,00,000/- shall be
paid in three installments of Rs. 2,00,000/- each, as follows:
“(i) the first installment of Rs. 2,00,000/- shall
be paid on or before 10th August, 2026;
(ii) the second installment of Rs. 2,00,000/-
shall be paid on or before 10th October, 2026; and
(iii) the third installment of Rs. 2,00,000/- shall
be paid on or before 10th December, 2026.”
13. It is made clear that in the event of failure on the
part of the petitioner to pay any installment within the stipulated
time, the respondents shall be at liberty to take immediate steps
for seizure of the truck in accordance with law.
14. The writ petition stands disposed of with the
aforesaid observation.
(Rajiv Roy, J)
Adnan/-
U
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