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Patna High Court

Pappu BarnwalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed of, allowing release of the truck upon payment of the fine in instalments, and the order imposing the penalty is not quashed.

Summary

The petitioner, Pappu Barnwal, challenged the seizure of his coal‑laden truck by the District Mining Officer, Aurangabad, and the imposition of a penalty of Rs.13,09,950 under Rule 56(2) of the Bihar Minerals Rules, alleging that the seizure was beyond jurisdiction because coal is a major mineral under the Mines & Minerals (Development & Regulation) Act, 1957, and that a valid transport challan had been produced. The petitioner sought a writ of certiorari to quash the order, a mandamus directing the release of the vehicle, and exemplary damages. The Mines Department contended that the truck was over‑laden and lacked a valid challan, but indicated willingness to release the vehicle if the fine were paid. The Court held that the petition could be disposed of by permitting release of the truck upon payment of the fine in the instalment schedule proposed by the petitioner, with a warning that failure to pay would justify re‑seizure, and declined to grant the writs for quashing or damages. Consequently, the petition was dismissed and the truck ordered to be released subject to the stipulated payment conditions.

Issues considered

  • Whether the penalty imposed under Rule 56(2) of the Bihar Minerals Rules for seizure of a coal‑laden truck is jurisdictionally valid given that coal is a major mineral under the Mines & Minerals (Development & Regulation) Act, 1957.
  • Whether the seizure of the truck without a valid challan constitutes an unlawful exercise of power.
  • Whether the petitioner is entitled to a writ of certiorari and mandamus directing release of the vehicle.
  • Whether exemplary damages may be awarded for the alleged loss and mental agony.

Legislation cited

Subjects

  • seizure
  • illegal mining
  • penalty
  • Rule 56
  • coal
  • major mineral
  • mandamus
  • certiorari
  • installment payment
  • exemplary damages

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.8011 of 2026
                 ======================================================
                 Pappu Barnwal S/o Kisun Barnwal, Resident of Village 48, Shyampur, PS
                 Nirsa, District Dhanbad (Jharkhand) 828205, At present NST Colony, Police
                 Station Kohima North, District Kohima (Nagaland) 797001.

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary, Department of Mines and
                 Geology, Government of Bihar, Patna, At present Resident of .
           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. Government Pleader (16)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   02-07-2026                 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. 870/Kha.,

                                  Aurangabad, dated 01/04/2026, issued by the

                                  Mineral      Development        Officer,     Aurangabad,
Patna High Court CWJC No.8011 of 2026(2) dt.02-07-2026
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                          whereby a penalty of Rs. 13,09,950/- 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. 6 (SHO,

                          Daudnagar Police Station) and Respondent No. 2

                          (Mineral       Development       Officer),   to   release

                          forthwith      the      Petitioner's   vehicle    bearing

                          Registration No. NL01AC9086 as the petitioner

                          having all requisite documentary testimonials 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

                          to pay exemplary damages to the petitioner, as
Patna High Court CWJC No.8011 of 2026(2) dt.02-07-2026
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                          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.

          NL-01-AC-9086 loaded with coal was moving from Raniganj,

          West Bengal to Ballia, Uttar Pradesh when it was intercepted at

          Aurangabad on the ground of overloading and absence of valid

          challan. The period of movement was from 22.03.2026 (09:13

          PM) to 25.03.2026. In view of the fact that a valid challan was

          not produced, the truck was impounded and fine of Rs.

          13,09,950/- has been imposed by the District Mining Officer,

          Aurangabad.

                      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
Patna High Court CWJC No.8011 of 2026(2) dt.02-07-2026
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          to pay the fine amount during the pendency of the proceeding

          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. 3,09,950/- 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
          Patna High Court CWJC No.8011 of 2026(2) dt.02-07-2026
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                    with the valid challan, submits that since the conclusion of the

                    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


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