Patna High Court
Ravishankar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court disposed the writ petition, directing the District Mining Officer to process the pending petitions and release the seized tractors within the timeframe undertaken by the Mines Department.
Summary
The petitioners, eight individual owners of tractors, challenged the seizure of their vehicles by the mining authorities of Gaya district, alleging that the tractors were being used lawfully under valid sand‑lifting tokens at the Falgu River. The seizure was made under sections 303(2) and 317(2) of the Bihar Non‑Statutory (BNS) provisions and sections 21 and 56 of the Mines and Mineral (Development and Registration) Act, 1957, and the petitioners sought the immediate release of the vehicles. They also pointed out that they had earlier filed a petition before the District Mining Officer on 1 May 2026, which remained pending. The State argued that the pending petition would be disposed of within four weeks. The Court, after noting the respondents’ undertaking, directed the District Mining Officer to take up the pending petitions and ensure disposal, effectively ordering the release of the seized tractors within the stipulated period. The writ petition was consequently disposed with the said direction.
Issues considered
- Whether the seizure of the petitioners' tractors was lawful under sections 303(2) and 317(2) of the Bihar Non‑Statutory provisions and sections 21 and 56 of the Mines and Mineral (Development and Registration) Act, 1957.
- Whether the petitioners are entitled to the immediate release of the seized vehicles pending disposal of their earlier petition before the District Mining Officer.
Legislation cited
- Bihar Non‑Statutory (BNS) — s. 303(2), 317(2)
- Mines and Mineral (Development and Registration) Act, 1957 — s. 21, 56
Subjects
- seizure
- tractors
- sand mining
- writ petition
- release of property
- mining law
- Bihar
- Mines and Mineral Act
- procedural delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8224 of 2026
======================================================
1. Ravishankar Kumar Son of Sri Mantu Prasad, Resident of Village Lodhipur,
P.S. Tehhara, District- Nalanda (801306).
2. Lalbahadur Shastree @ Lalbahadur Shastri, Son of Ramnandan Gop,
Resident of Village Nandachak, Jayatipur, P.S.- Islampur, District- Nalanda
(801303).
3. Akshay Kumar, Son of Virju Prasad @ Birju Prasad, Resident of -
Ruchunpura, P.O.- Dhangawan, P.S.- Ekangarsarai, District- Nalanda
(801301).
4. Rajeev Kumar, Son of Late Suresh Prasad, Resident of - Ruchunpura, P.O.-
Dhangawan, P.S.-Ekangarsarai, District- Nalanda (801301).
5. Laungi Prasad @ Longi Prasad, Son of Rajkumar Prasad, Resident of
Village - Damodar Sarai, Manpur, P.S.- Hilsa, District - Nalanda (801301).
6. Tarun Kumar, Son of Sri Mahesh Prasad, Resident of Village -Manpur, P.O.-
Dhangawan, P.S.-Ekangarsarai, District- Nalanda (801301).
7. Tarun Kumar, Care of Chhatrabali Mistri, Resident of Village - Chakmunna,
P.S.- Hilsa, District-Nalanda (801301).
8. Dharmendra Chauhan, Son of Chhote Chauhan, Resident of Village - Nemna
Tola, P.O. and P.S.-Hilsa, District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Mining Department,
Government of Bihar, Patna.
2. The Additional Chief Secretary, Mining Department, Government of Bihar,
Patna.
3. The Divisional Commissioner, Gaya Jee.
4. The District Magistrate, Gaya Jee, District - Gaya Jee.
5. The District Mining Officer, Gaya Jee, District - Gaya Jee.
6. The Mineral Development Officer, Gaya Jee, District - Gaya Jee.
7. The S.H.O, Chakand P.S., District- Gaya Jee.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnish Prakash, Advocate
Mr. Sanjeev Kumar, Advocate
Mr. Kanishk Kautubh, Advocate
Mr. Rajnish Prakash, Advocate
Mr. Rohan Sinha, Advocate
For the Respondent/s : Mr. Government Pleader 16
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
Patna High Court CWJC No.8224 of 2026(2) dt.02-07-2026
2/4
ORAL ORDER
2 02-07-2026 Heard Mr. Rajnish Prakash, learned counsel for the
petitioner and Mr. Naresh Dikshit representing the Mines
Department beside the State.
2. The present petition has been preferred for the
following relief(s):
“(i) For direction to the respondent
authorities to release the vehicles / tractors of the
petitioners which has been seized in connection
with Chakand P.S Case No. 37/2026 registered for
the offences under section 303(2), 317(2) of the
BNS as well as under Section 21 & 56 of the Mines
and Mineral (Development and Registration) Act,
1957.
(ii) For any other relief/s for which the
petitioners may be deemed entitled to.”
3. The eight petitioners owned the tractors which now
stands seized and the details stands recorded in paragraph-5 as
under:
Sl. No. Name of the Description of the Vehicle
Owner
1. Lalbahadur Shastree Registration No.- BR21GC3401
@ Lalbahadur Chassis No.
Shastri MBNABAEXKRRE16295
Engine
Patna High Court CWJC No.8224 of 2026(2) dt.02-07-2026
3/4
No. - RRE2EAN2318
2. Ravi Shankar Registration No.- BR01GP7536
Kumar Chassis No. - T053739495MP
Engine No. E3850246
3. Akshay Kumar Registration No.- BR21GB1005
Chassis No.
-MEA386A1HJ2208549
Engine No. S324E75386
4. Rajeev Kumar Registration No.- BR21GB6785
Chassis No.
MEABAF69AM2336909
Engine No. S325 5L 37486
5. Laungi Prasad @ Registration No.- BR21G3268
Loungi Prasad Chassis No. - Not mentioned
Engine No. - Not mentioned
6. Tarun Kumar Registration No.- BR21GB0289
Chassis No.
-MEA386A1HJ2206745
Engine No.-S324 E74976
7. Lalbahadur Shastree Registration No. - BR25G7139
@ Lalbahadur @Chassis No. - not mentioned
Shastree Engine No. - RYNH00169
8. Tarun Kumar Registration No. BR21GC4523
Chassis No.
MBNCB48NFSTG15220
Engine No. - DB.
1105/SHG23224
9. Dharmendra Registration No.- BR21GA7138
Chauhan Chassis No.
MBNABAEXPHRG03478
Engine No. - RHG2EAN7103
4. The contention is that the tractors after issuance of
valid tokens were lifting the sand at Falgu River within the
district Gaya Ji when the interception/seizure took place
followed by imposition of fines. The submission is that they
have already preferred petition before the District Mining
Patna High Court CWJC No.8224 of 2026(2) dt.02-07-2026
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Officer, Gaya Ji on 01.05.2026 which has not been disposed of.
5. Learned counsel representing the Mines
Department submits that the entire objection/petition of the
petitioners shall be disposed of within a period of four weeks.
6. In that background, considering the fair stand taken
by the respondents, the writ petition stands disposed of directing
the District Mining Officer, Gaya Ji to immediately take up the
petitions preferred by the eight petitioners and ensure that it is
disposed of, if still not disposed of, within the time frame as
undertaken by the Mines Department.
7. The writ petition stands disposed of with the
aforesaid observation.
(Rajiv Roy, J)
Adnan/-
U
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