Patna High Court
M/s Shri Ram Chandra RoadlinesversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court held that the penalty under Rule 56(2) is valid and the order stands, but the truck may be released upon payment of the fine in installments as directed.
Summary
M/s Shri Ram Chandra Roadlines petitioned the Patna High Court after its coal‑laden truck was seized in Aurangabad and a fine of Rs 14,12,500 was imposed by the District Mining Officer under Rule 56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019. The petitioner claimed the truck was moving with a valid challan and sought a writ of certiorari to quash the order, a mandamus directing release of the vehicle, and exemplary damages. The Mines Department disputed the validity of the challan but indicated the truck could be released if the fine were paid. The Court held that the penalty was within the statutory framework and disposed of the petition by permitting release of the truck upon payment of the fine in stipulated installments, subject to conditions that the vehicle not be alienated and be produced when required. Failure to pay would justify re‑seizure.
Issues considered
- Whether the penalty imposed under Rule 56(2) of the Bihar Minerals Rules is jurisdictionally valid for the seizure of a coal‑laden truck, given coal’s status as a major mineral under the Mines & Minerals (Development & Regulation) Act, 1957.
- Whether the petitioner is entitled to a writ of certiorari quashing the impugned order.
- Whether a writ of mandamus can be issued directing the release of the seized vehicle.
- Whether exemplary damages may be awarded to the petitioner.
Legislation cited
Subjects
- illegal mining
- seizure of vehicle
- mineral regulations
- certiorari
- mandamus
- penalty
- Bihar Minerals Rules
- Mines & Minerals Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6721 of 2026
======================================================
M/s Shri Ram Chandra Roadlines through its Proprietor Ranjan Kumar Sahu,
Aged about 48 Years, Gender-Male, S/O Ramchandra Prasad, Resident of
875, Station Road Bhaga Bazar, Parasia, PO Bhaga, District Dhanbad,
Jharkhand - 828301.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Mines and
Geology, Government of Bihar, Patna.
2. The Mineral Development Officer, Aurangabad.
3. The District Mining Officer, Aurangabad.
4. The District Transport Officer, Aurangabad.
5. The Mining Inspector, Aurangabad.
6. The Station House Officer (SHO), Daudnagar Police Station, Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate
For the Respondent/s : Mr. Standing Counsel-11
For the Mines : Mr. Naresh Dikshit, Spl.P.P.
Ms. Shruti Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-06-2026 Heard Mr. Satya Prakash Parasar, learned counsel for
the petitioner, the State as also Ms. Shruti Singh for the Mines
Department.
2. The present petition has been preferred for the
following relief(s):
“(i) For issuance of an appropriate writ
in the nature of Certiorari quashing the impugned
letter/order contained in Memo No. 876/Kha.,
Aurangabad, dated 01/04/2026, issued by the
Patna High Court CWJC No.6721 of 2026(2) dt.25-06-2026
2/5
Mineral Development Officer, Aurangabad,
whereby a penalty of Rs. 14,12,500/- has been
imposed under Rule 56(2) as amended in 2024 of
the Bihar Minerals (Concession, Prevention of
Illegal Mining, Transportation & Storage) Rules
2019 against mandate of law as admittedly seizure
of coal laden Truck and as per Mines & Minerals
(Development & Regulation) Act, 1957 as the coal
comes under the category of major mineral hence
seizure is without jurisdiction.
(ii) For issuance of a writ in the nature
of Mandamus commanding and directing the
Respondents, particularly Respondent No. 5 (SHO,
Daudnagar Police Station) and Respondent No. 2
(Mineral Development Officer), to release
forthwith the Petitioner's vehicle bearing
Registration No. JH10CT3852 as the petitioner
having all requisite documentary testimonial for
carrying coal and the same has been produced at
the time of seizure.
(iii) For the issuance of a further
direction commanding the respondent authorities
Patna High Court CWJC No.6721 of 2026(2) dt.25-06-2026
3/5
to pay exemplary damages to the petitioner, as
compensation for the substantial financial loss and
profound mental agony suffered.
(iv) For any other relief/reliefs for which
the petitioner is found to be entitled in the eye of
law.”
3. The truck of the petitioner with Registration No.
JH-10-CT-3852 loaded with coal was moving from Dhanbad,
Jharkhand to Grahan Bujurg, Uttar Pradesh when it was
intercepted at Aurangabad and in view of the fact that a valid
challan was not produced, the truck was impounded and fine of
Rs. 14,12,500/- has been imposed by the District Mining
Officer, Aurangabad (Annexure P/3 to the petition).
4. Aggrieved, the present writ petition.
5. Learned counsel for the petitioner submits that the
truck was moving with a valid challan which was ignored and
the truck was impounded/fine imposed. He submits that the
petitioner will be contesting the matter before appropriate
authority but the truck which has been seized on 01.04.2026 is
lying under the sky, making economic loss to the petitioner
beside getting deteriorated day by day, and as such, he is ready
to pay the fine amount during the pendency of the proceeding
Patna High Court CWJC No.6721 of 2026(2) dt.25-06-2026
4/5
but as the truck is not plying on the road, he may be allowed to
pay the fine in installment which he proposes as follows:
“(i) Rs. 4,12,500/- at the time of release of the
truck;
(ii) 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;
(iii) the third installment of Rs. 2,00,000/- shall
be paid on or before 10th December, 2026;
(iv) the fourth installment of Rs. 2,00,000/-
shall be paid on or before 10th February, 2027; and
(v) the fifth installment of Rs. 2,00,000/- shall
be paid on or before 10th April, 2027.”
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 counsel representing the Mines
Department though dispute the claim that the truck was moving
with the valid challan, submits that since the conclusion of the
Patna High Court CWJC No.6721 of 2026(2) dt.25-06-2026
5/5
proceeding will take time, if the petitioner is ready to pay the
fine amount under appropriate condition, it can be released.
8. Taking into account the aforesaid facts, the writ
petition stands disposed of allowing the petitioner to pay the
fine amount, as incorporated above, and failure to do so the
respondents will be fully justified in again seizing the truck.
9. He is further required to produce the truck as and
when required by the respondent-authorities and in no
circumstance, will alienate the same during the pendency of the
proceeding.
(Rajiv Roy, J)
Adnan/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.