Md. Shamshad vs The State Of Bihar
2025 Latest Caselaw 3104 Patna

Patna High Court

Md. Shamshad vs The State Of Bihar on 8 April, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10870 of 2024
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     Md. Shamshad Son of Md. Kamruddin, Resident of Village- Puraini Makbara,
     P.S.- Jagdishpur, District- Bhagalpur.

                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through the Secretary, Mines and Zoological Department,
     Government of Bihar, Patna.
2.   The Mines Commissioner, Bhagalpur Division, District- Bhagalpur.
3.   The District Magistrate, at Bhagalpur, District- Bhagalpur.
4.   The District Mining Officer, District- Bhagalpur.
5.   The District Transport Officer, District- Bhagalpur.
6.   The Mines Development Officer, District- Bhagalpur.
7.   The Mines Inspector, District- Bhagalpur.
8.   The S.H.O. of Jagdishpur Police Station, District- Bhagalpur.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Jitendra Kumar Giri, ADvocate
     For the Respondent/s   :      Mr.Anirbau Kundu, Standing Counsel-24
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
     ORAL JUDGMENT

Date : 08-04-2025 Heard learned counsel for the petitioner, learned

counsel for the State and learned counsel for the Mines

Department.

2. Learned counsel for the petitioner submits that the

Truck of the petitioner bearing Registration No.BR 11S 8332 has

been seized by the Mines Development Officer, Bhagalpur for

carrying overload sand over the aforesaid vehicle. Learned counsel

for the petitioner submits that the allegation as alleged in the

impugned order is false and fabricated and from a bare perusal of

the impugned order it appears that no weighing was conducted in Patna High Court CWJC No.10870 of 2024 dt.08-04-2025

presence of the petitioner and even how much more sand was

found in the vehicle in question not mentioned in the impugned

order and the authority has issued a letter which suggests that the

petitioner is liable to pay a fine of Rs.2,40,446/- (Two Lacs Forty

Thousand Four Hundred Forty Six). Learned counsel for the

petitioner submits that without the measurement the authority has

come to the conclusion that the vehicle in question was

overloaded.

3. Considering the aforesaid facts, the respondent No.3

is directed to measurement of the vehicle in question afresh in

presence of the representative of the petitioner/petitioner and

representative of the Mines Department and then take a fresh

decision in accordance with law. The measurement process shall

be completed within a period of two weeks from the date of

receipt/production of a copy of this order.

4. With the aforesaid direction, this writ application

stands disposed of.

(Rajesh Kumar Verma, J) Nitesh/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.04.2025
Transmission Date       NA