Rohit Kumar vs The State Of Bihar
2023 Latest Caselaw 2205 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1938 of 2023
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1. Rohit Kumar Son of Satyanarayan Ray Resident of Village- Akbarpur, Puranidih, P.O.- Akbarpur, Puranidih, Akbarpur, Barari, P.S.- Shamho, District- Begusarai.

2. Sanjiv Kumar Son of Satyanarayan Ray Resident of Village- Akbarpur, Puranidih, P.O.- Akbarpur, Puranidih, Akbarpur, Barari, P.S.- Shamho, District- Begusarai.

3. Bamban Ray Son of Satyanarayan Ray Resident of Village- Akbarpur, Puranidih, P.O.- Akbarpur, Puranidih, Akbarpur, Barari, P.S.- Shamho, District- Begusarai.

4. Bablu Ray Son of Satyanarayan Ray Resident of Village- Akbarpur, Puranidih, P.O.- Akbarpur, Puranidih, Akbarpur, Barari, P.S.- Shamho, District- Begusarai.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Mines and Geology Department, Government of Bihar, Patna.

2. The Principal Secretary, Mines and Geology Department, Government of Bihar, Patna.

3. The Director General of Police, Bihar, Patna.

4. The Collector, Jamui.

5. The Superintendent of Police, Jamui.

6. The Mineral Development Officer, Jamui.

7. The Motor Vehicle Inspector, Jamui.

8. The District Transport Officer, Jamui.

9. The Station House Officer, Giddhaur Police Station, Jamui.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : M/s Vivek Anand Amritesh, Sudhanshi Trivedi, Advocates For the Mines : M/s Naresh Dikshit, Spl.P.P. Mines Kalpana Brij Bihari, Advocates For the State : Mr. Gyan Prakash Ojha (GA 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Date : 09-05-2023

1. Heard learned counsel for the petitioners, learned Patna High Court CWJC No.1938 of 2023 dt.09-05-2023

Spl.P.P. Mines and learned counsel for the State of Bihar.

2. The petitioners have filed the instant writ

application for the following relief(s):-

"That the instant writ application is being filed for issuance of appropriate writ / writs, order / orders, direction / directions to the concerned respondent authorities for release of trucks of the petitioners sized under the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2021 by Mineral Development Officer, Jamui and SHO, Giddhaur Police Station, Jamui. On 23.11.2022 in an illegal manner inspite of having valid challan for transpiration of yellow sand and for any other relief / reliefs be granted to the petitioner for which the petitioner found entitled in the facts and circumstances of the case."

3. The case of the petitioners is that they are

registered owners of the eight vehicles, the details of which

have been given in paragraph no. 4 of the writ application. The

petitioners' trucks were used for transportation of sand in the

district of Darbhanga. On 23.11.2022 while carrying sand and

having valid challans issued by the Bihar State Mines

Corporation, the trucks were illegally stopped by the respondent

authorities and seized.

4. Learned counsel for the petitioners submits that

it further transpires from the seizure list which has been brought Patna High Court CWJC No.1938 of 2023 dt.09-05-2023

on record as Annexure-2 to the writ application that the trucks

were carrying more quantity of sand than was mentioned in the

challans. Learned counsel for the petitioners further submits that

to the best of his knowledge, no confiscation proceeding has

been initiated. The trucks are lying unattended and uncared for

even since their seizure. As such the instant application for the

prayer made hereinabove.

5. Learned Spl.P.P., Mines appearing for the Mines

Department referring to the counter affidavit filed on behalf of

respondent nos. 4 and 6 submits that the trucks in question was

found overloaded with yellow sand. On being intercepted and

asked to produce the e-challans and transit challans, they failed

to produce the same. Inspite of the issuance of notices, the

petitioners neither approached the concerned officials nor they

deposited the fine mentioned in the notices.

6. It is further submitted by learned counsel

appearing for the Mines Department that as per the oral

instructions received, the confiscation proceedings have been

initiated with respect to the trucks in question.

7. Having heard learned counsel for the parties and

taking into consideration the facts of the case together with the

material on record, what the Court notices is that in the counter Patna High Court CWJC No.1938 of 2023 dt.09-05-2023

affidavit while the stand of the respondent Mines Department is

to the effect that the drivers of the trucks in question failed to

produce the challans on demand, the contents of the seizure list

is otherwise and speaks of the trucks carrying more sand than

being permitted, on the basis of their challans.

8. Further it may be mentioned that no useful

purpose will be served by keeping the vehicles in question

uncared for with the respondent authorities. Thus in view of the

facts and circumstances of the case, the respondent authorities

are directed to release the vehicles in question on the petitioners

furnishing appropriate security as fixed by the Confiscating

Officer as also an undertaking that they will produce the

vehicles as and when required or directed by the authorities

concerned. It is further directed that the Confiscating Officer in

fixing the amount of security for release of the vehicle will take

into consideration the valuation of the vehicle given in the last

insurance policy with respect to the said vehicle. Before release

of the vehicles, the ownership of vehicles shall be confirmed on

the production of the original documents with respect to

registration of the vehicles and a written undertaking by the

petitioners that no third party rights will be created for the same.

9. The instant writ application stands disposed of Patna High Court CWJC No.1938 of 2023 dt.09-05-2023

with the above observations and directions.

(Partha Sarthy, J) Spd/-

AFR/NAFR
CAV DATE
Uploading Date          12.05.2023
Transmission Date