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Patna High Court

Deepak RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner must first comply with the condition of submitting the required no‑objection certificates, after which the respondents are obliged to release the truck, and the writ petition stands disposed.

Summary

The petitioner, Deepak Ray, filed a writ petition seeking the release of his truck seized on 23 March 2024 under mining regulations, after having paid a fine of Rs. 3,17,725. The Collector had ordered the release of the vehicle on 18 July 2024, subject to the petitioner obtaining no‑objection certificates from the District Transport Office, Mining Officer and Employee State Insurance. The District Mining Officer’s counter‑affidavit indicated that the petitioner had not produced these certificates. The High Court directed the petitioner to obtain the required certificates within four weeks and, upon submission, ordered the respondents to release the truck within a week. Failure to comply would invite further proceedings. The petition was consequently disposed.

Issues considered

  • What is the legal effect of the Collector’s order directing release of the seized vehicle subject to submission of no‑objection certificates?
  • Has the petitioner fulfilled the conditions precedent for release of the vehicle after payment of the fine?
  • Is the petitioner entitled to compensation or damages for the delay in release?

Legislation cited

Subjects

  • seizure of vehicle
  • mining law
  • mandamus
  • compensation
  • no objection certificate
  • writ petition
  • civil writ jurisdiction
  • Bihar
  • illegal mining
  • release of seized property

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7969 of 2026
                 ======================================================
                 Deepak Ray S/o Ram Bilash Ray, R/o Village-Ambey Niwas, Road No. 1,
                 Laxmi Nagar, Near Hanuman Mandir, Post- Telco, P.S.- Telco, Jamshedpur,
                 District-Purbi Singhbhum-831004 (Jharkhand).

                                                                         ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Principal Secretary, Department of Mines and
                 Geology, Government of Bihar, Patna.
           2.    The Principal Secretary, Home Department, Government of Bihar, Patna.
           3.    The District Magistrate, Bhojpur, Ara.
           4.    The Superintendent of Police, Bhojpur, Ara.
           5.    The Mineral Development Officer, Bhojpur, Ara.
           6.    The District Mining Officer, Bhojpur, Ara.
           7.    The Officer-in-Charge, Barhara Police Station, Bhojpur, Ara.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Abhishek Singh, Advocate
                 For the Respondent/s   :      Mr. GP-6, Archana Meenakshee
                                               Mr. Rana Veer Prawar, AC to GP-6
                 For the Mines          :      Mr. Naresh Dikshit, Spl.P.P. Mines
                                               Ms. Shruti Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   02-07-2026                   Heard Mrs. Sangha Mitra Ghosh, learned counsel for

                   the petitioner, Mr. Archana Meenakshee, learned GP-6 and Ms.

                   Shruti    Singh,     learned   counsel      representing         the   Mines

                   Department.

                                 2. The present petition has been preferred for the

                   following relief(s):

                                             “i. For issuance of writ in the nature of

                                   "Mandamus" upon the concerned respondents to

                                   release the seized truck of the petitioner bearing
Patna High Court CWJC No.7969 of 2026(2) dt.02-07-2026
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                          registration number OR-05AC-7343 which has

                          been seized on 23.03.2024.

                                      ii. For direction upon the respondent

                          authorities to pay compensation to the petitioner

                          for illegal confinement of his commercial vehicle.

                          As, the fine amount quantified i.e. Rs. 3,17,725/- by

                          the authorities were paid on 09.07.2024 despite

                          that the vehicle has not been released.

                                      iii. For issuance of an appropriate writ,

                          direction or order upon the respondents herein for

                          staying the investigation and further proceedings

                          pursuant to F.I.R. pertaining to Barhara P.S. Case

                          no. 148/2024 registered on 23.03.2024 under

                          sections 379, 411 of the I.P.C. and Rule 56 (i), 56

                          (ii) of Bihar Minerals (Concession, Prevention of

                          illegal Mining, Transportation and Storage) Rule,

                          2019 and its amended Rule 2021.

                                      iv. For issuance of appropriate writ in

                          the    nature     of    mandamus   commanding     the

                          respondents to pay damages for the loss of profits

                          to the petitioner.

                                      v. The Hon'ble Court may award the cost
Patna High Court CWJC No.7969 of 2026(2) dt.02-07-2026
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                           of litigation and suitable compensation to the

                           petitioner for the loss and damages on account of

                           unfair, illegal and arbitrary action of respondents.

                                      vi.    The     Hon'ble     Court   may      pass

                           appropriate award considering the fact that there

                           has been loss of business on the ground arbitrary

                           action on behalf of respondents.

                                      vii. For any other relief or reliefs for

                           which the petitioner be found entitled in the eye of

                           law.”

                      3. The truck of the petitioner bearing Registration No.

          OR-05-AC-7343 was seized on 23.03.2024.

                      4. The legal procedure followed, whereafter, once the

          petitioner deposited the fine amount of Rs. 3,17,725/-, the

          Collector, Bhojpur in Confiscation (Mining) Case No. 181 of

          2024 (State vs Deepak Ray) passed an order on 18.07.2024

          directing the District Mining Officer, Bhojpur to release the

          vehicle     in    favour     of    the    petitioner   after   taking    the

          DTO/MVI/ESI no objection certificates.

                      5. The contention in the writ petition is that despite

          the payment made, the truck has not been released. The counter-

          affidavit of the District Mining Officer, Bhojpur shows that the
          Patna High Court CWJC No.7969 of 2026(2) dt.02-07-2026
                                                      4/4




                    petitioner failed to submit DTO/MVI/ESI certificates as

                    mandated by the Collector, Bhojpur.

                                6. Two years have lapsed, fine amounts deposited,

                    truck has not been released.

                                7. Instead of keeping the case pending, this Court

                    directs the petitioner to approach the District Mining Officer,

                    Bhojpur at Ara alongwith the no objection certificate(s) as

                    mandated in the order of the Collector, Bhojpur within a period

                    of four weeks and if such certificate(s) is/are submitted, the

                    concerned respondent shall be releasing the truck immediately

                    and preferably within a period of one week thereafter.

                                8. Failure to do so, an appropriate order shall be

                    passed once the petitioner approaches the Patna High Court.

                                9. With the aforesaid observation, the writ petition

                    stands disposed of.



                                                  (Rajiv Roy, J)
Adnan/-

U


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