Patna High Court
Deepak RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
- Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019 — s. Rule 56(i), Rule 56(ii)
- Indian Penal Code — s. 379, 411
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
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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
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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
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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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