Patna High Court
Pappu BarnwalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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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