Patna High Court
Rakesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court ordered provisional release of the truck upon payment of specified amounts in installments, without setting aside the fines.
Summary
The petitioner, Rakesh Kumar Yadav, sought the release of his truck seized by the District Transport Officer on the ground of overloading with sand and the imposition of a fine of Rs.9,77,225 by the mining department. He requested writs of certiorari to set aside the mining department's letter and the fine, and mandamus directing the transport and mining authorities to release the vehicle provisionally, allowing payment of the fine in installments. The respondents opposed the relief, but the court noted the petitioner's financial hardship and the futility of prolonged detention of the truck. The court declined to set aside the fines but ordered the truck's release upon payment of an initial amount and subsequent installments, with a default clause permitting re‑seizure. The petition was therefore disposed with directions for payment schedule and conditional release.
Issues considered
- Whether the seizure of the truck and the imposed fine can be set aside by a writ of certiorari.
- Whether the petitioner is entitled to provisional release of the vehicle pending resolution of the dispute.
- Whether the fine may be paid in installments and the vehicle released subject to such payment.
- Whether the court can restrain coercive measures against the petitioner.
Legislation cited
- Motor Vehicles Act — s. 194(i)
Subjects
- seizure
- overloading
- Motor Vehicles Act
- section 194(i)
- fine
- installment payment
- writ of certiorari
- mandamus
- provisional release
- mining department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6620 of 2026
======================================================
Rakesh Kumar Yadav son of Prem Shankar Yadav, Resident of village 32
Shahinpur, Fatehganj, Jaunpur, P.S. Fatehganj, Distrrict Jaunpur (U.P).
... ... Petitioner/s
Versus
1. The State of Bihar through the Commissioner of Commercial Taxes, Bihar
Patna having its office at Vikas Bhawan, Biley Road, Patna.
2. The District Magistrate cum Collector, Kaimur at Bhabua.
3. The Additional Collector cum Additional District Magistrate, Kaimur at
Bhabua.
4. The Sub-divisional Officer, Mohania, District Kaimur at Bhabua.
5. The District Transport Officer, Bhabua, District Kaimur at Bhabua.
6. The District Mining Officer, Kaimur at Bhabua.
7. The Mining Development officer, Kaimur at Bhabua.
8. The Officer-in-charge of police station Mohania, District Kaimur at Bhabua.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate
For the State : Mr. Government Pleader (23)
For the Minest Dept. : Mr. Naresh Dikshit, Spl. PP Mines
: Ms. Shruti Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-06-2026 Heard the parties.
2. The present petition has been preferred for the
grant of following relief(s):
“(i) to issue an appropriate writ order or
direction including a writ in the nature of
certiorari to set aside the letter No. Camp-
01/Khanan, Kaimur dated 18.03.2026 issued by
the respondent no. 6 (Annexure No. P-6) and
Patna High Court CWJC No.6620 of 2026(2) dt.18-06-2026
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fine imposed by the mining department as
Rs.9,77,225/- may be set aside.
(ii) to issue an appropriate writ, order
or directions including a writ in the nature of
mandamus commanding the respondent No.5 to
release the vehicle of the petitioner provisionally
during pendency of the writ petition and imposed
penalty of Rs. 84,500/- by the respondent no.5
against the vehicle of the petitioner bearing its
vehicle Registration No. UP62CT9413, Chassis
No.MAT828053P2D10012, Engine
No.B6.7B62300D02132D64286161 which has
been seized after imposed penalty under section
194(i) of MV Act and other allied sections.
(iii) to issuance a writ, order or
direction including a writ in the nature of
mandamus commanding the respondent No.6 for
released the vehicle provisionally with security
of amount fixed by this Hon’ble court which has
detained the vehicle of the petitioner bearing
Registration No. UP62CT9413, chassis No.
MAT828053P2D10012, Engine No.
Patna High Court CWJC No.6620 of 2026(2) dt.18-06-2026
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B6.7B62300D02132D64286161 at Mohania
Police station under overloaded sand.
(iv) to issue an appropriate
writ/order/direction directing the respondents
not to take any coercive measures against the
petitioner.
(v) and/or other writ order or direction
may by issued in which the petitioner is entitled
to.”
3. The petitioner has moved before this Court for the
release of the Truck having registration no.-UP-62-CT9413
(Chassis no.-MAT828053P2D10012) which stands seized by the
respondent authorities and presently lying in the Mohania Police
Station in the district of Kaimur.
4. It is the case of the petitioner that his Truck having
registration no. UP-62-CT9413 was seized and penalty was
imposed on 18.03.2025 by the District Transport Officer,
Bhabhua alleging that the Truck was overloaded with sand.
6. Learned counsel for the petitioner submits that he
is ready to pay the fine amount but the seizure of the Truck for
the last one year has led to financial crisis in the family. He
further submits that he be allowed to pay the fine amount in
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installment inasmuch as once the Truck is released, starts plying
on the road, he will have financial gain and able to pay the fine
amount. The last submission is that the petitioner:
(i) shall not alienate the Truck;
(ii) shall produce it as and when required by the
respondent authority;
7. Learned counsel for the Mines Department though
opposes the prayer concede that the legal battle will take long
time and deterioration of Truck will serve no purpose.
8. This Court has 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.
9. In that background and after hearing the parties, the
writ petition is disposed of with the observation that if the
petitioner is ready to fine amount and shall be fulfilling the legal
obligation as the production of Truck is concerned, the same be
released and the payment is to be made in following manner:
“(i) Rs.1,77,225/- at the time of the release of the
Truck to the Mines Department and Rs.84,500/-
to the Transport Department;
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(ii) Rs.2,00,000/- by 10th September, 2026;
(iii) Rs.2,00,000/- by 10th November, 2026;
(iv) Rs.2,00,000/- by 10th January, 2027;
(v) Rs.2,00,000/- by 10th March, 2027;
(vi) in case of default of payment, the respondent
department shall be free to take steps for the
seizure of the Truck.”
10. The writ petition is disposed of with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U
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