Patna High Court
Vinay Kumar vs The State Of Bihar on 7 January, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13114 of 2024
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Vinay Kumar Son of Vijay Kumar Singh Resident of Village- Darana Tola
Dhan Chhuhan, P.S. and District- Bhojpur at Ara.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Additional Chief Secretary, Mining and
Geology Department, Govt. of Bihar, Patna.
2. The Secretary, Road and Transport Department, Govt. of Bihar, Patna.
3. The District Magistrate, Rohtas at Sasaram.
4. The Director, Department of Mining, Government of Bihar, Patna.
5. The Assistant Director, Department of Mining, Rohtas, at Sasaram.
6. The Mining Inspector, Rohtas at Sasaram.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rishikesh Ojha, Advocate
For the State : Mr. K. P. Gupta, GP 10
Ms. Deepanjali Gupta, AC to GP 10
For the Mines : Mr. Naresh Dikshit, Advocate
Mr. Brij Bihari Tiwary, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 07-01-2025
Heard learned counsel for the petitioner and
learned counsel appearing on behalf of the State as well as
Mines Department.
2. The present writ petition has been filed for the
following reliefs:-
i. For issuance of direction to the
respondent authorities to release the
petitioner's truck (16 wheeler) bearing
Registration No. BR-03GB-8367 which has
been seized vide Seizure Memo contained in
Letter no. Camp 01 dated 08.06.2024 on the
allegation of overloading only which is less
than 5 % permissible load of the over and
above the permissible load.
Patna High Court CWJC No.13114 of 2024 dt.07-01-2025
ii. For any other relief/reliefs for which the
petitioner may be deemed entitled to.
3. Learned counsel for the petitioner submits that
the petitioner has filed application before Respondent Nos. 5 &
6 stating therein that the total weight of the vehicle is 47500 kg
and as per the seizure memo it was found to be 48775 kg.
4. A counter affidavit has been filed on behalf of
the Respondent Nos. 3 & 5 stating therein that as per the
weighbridge management receipt, the vehicle in question has
been found of 48775 kg which is beyond the axel
load/permissible laden capacity of the vehicle and on the
aforesaid sole ground, the petitioner's vehicle was seized.
5. Learned counsel for the State further referring
the counter affidavit and stating that after the institution of the
prosecution, the compound offence committed in contravention
of the rule, on payment of cost of mineral and compound fee as
mentioned below:-
Sl. Vehicle/Equipment Compound fee (in Rs.) per
No. unit.
1. Tractor trolley 25,000/-
2. Matador/Half truck 407,608 50,000/-
3. Full body truck/Dumper 1,00,000/-
(hydraulic 6 wheeler vehicle)
4. 10 or more than 10 wheeler vehicle 2,00,000/-
5. Crane, Excavator, Loader, Power 4,00,000/-
hammer, Compressor, Drilling
machine etc.
Patna High Court CWJC No.13114 of 2024 dt.07-01-2025
6. He further submits that the petitioner's vehicle
was seized for transporting overload sand illegally and the
petitioner has not deposited the compounding fee/penal amount
of Rs. 3,06,767/- (Rs. Three lakhs six thousand seven hundred
and sixty seven).
7. In view of the stand taken by the Respondent
Nos. 3 & 5, learned counsel for the petitioner outrightly submits
that the petitioner is ready to deposit the aforesaid compounding
fee/penal amount of Rs. 3,06,767/- in six equal monthly
installments.
8. In view of the stand taken by the learned
counsel for the petitioner, the petitioner is directed to deposit the
first installment along with an affidavit stating therein that the
petitioner is ready to pay the compounding fee/penal amount in
six equal monthly installment before the authority concerned
and if the petitioner files an affidavit along with first
installment, then the authority concerned is directed to release
the vehicle in question in favour of the petitioner. Further, if the
petitioner fails to pay rest of the monthly installment as
mentioned aforesaid, then the authority concerned is at liberty to
take appropriate action in accordance with law.
Patna High Court CWJC No.13114 of 2024 dt.07-01-2025
9. With the aforesaid direction/liberty the writ
petition stands disposed of.
(Rajesh Kumar Verma, J)
Vanisha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.01.2025
Transmission Date NA
