IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6217 of 2025 ====================================================== Surendra Singh Son of Kamla Singh, Resident of Village-Barej P.S.- Mohania, District-Kaimur (Bhabua). ... ... Petitioner/s Versus 1. The Additional Chief Secretary (ACS), Bihar State Mining and Geology Department, Govt. of Bihar, Patna. 2. The Collector Cum District Magistrate, District-Rohtas at Sasaram. 3. The District Mining Officer, District-Rohtas at Sasaram. 4. The Mining Inspector, District Mining Office Rohtas at Sasaram. 5. The S.H.O., Police Station Chenari, District- Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramchandra Singh, Advocate For the Respondent/s : Mr. Naresh Dikshit, Spl.P.P.Mines Ms. Kalpana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 4 05-08-2025 Heard learned counsel for the petitioner and learned counsel for the Mines Department. 2. This writ application has been filed by the petitioner challenging the E-challan dated 20.03.2025 issued by the District Mining Officer, Sasaram, Treasury-Sasaram by which a penalty of Rs.9,09,850/- has been imposed on the petitioner on account of overloading of his truck bearing Registration No. UP67AT1637, Engine No. ISB5. Patna High Court CWJC No.6217 of 2025(4) dt.05-08-2025 2/4 9B4S180T181D636864 and Chasis No. MAT541109J1D12621, which was seized on account of overloading. 3. Learned counsel for the petitioner submits that from the letter dated 23.02.2025 which has been issued by the Mining Inspector, Rohtas to the S.H.O., Chenari, P.S. It is manifest that the truck in question was seized on account of overloading. In paragraph no.14 of the counter affidavit filed by the Mines Department also, it has been admitted that the truck in question was seized on account of being overloaded. 4. From the perusal of the letter dated 20.03.2025 (Annexure-P/4) issued by the Mines Inspector, Rohtas, it is clear that the imposition of penalty has been done in terms of Rule- 56(2) as amended of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019. 5. Learned counsel for the petitioner submits that the calculation of the penalty is wrong and as per the amended Rule-56(2) of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019, if proper calculation had been made for overloading then such a huge amount of penalty could not have been imposed. 6. Learned counsel appearing for the Mines Department admits to the fact that the truck in question was Patna High Court CWJC No.6217 of 2025(4) dt.05-08-2025 3/4 seized because of being overloaded. Learned counsel for the Mining Department further submits that the matter may be remanded back to the District Mining Officer, Sasaram for a fresh calculation of penalty in terms of the amended Rule-56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019. 7. For the reasons as stated and particularly taking note of the submission made by the learned counsel appearing for the Mines Department as well as for the petitioner, the impugned order dated 20.03.2025 (Annexure-P/4) by which a penalty of Rs.9,09,850/- has been imposed on the petitioner is hereby quashed and the matter is remanded back to the District Mining Officer, Sasaram (Respondent No.3) to calculate the penalty amount afresh in light of the amended Rule-56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019. The fresh calculation of penalty must be carried out within 15 days from the date of this order and the petitioner undertakes to deposit the penalty calculated afresh further within a period of 15 days. The moment the petitioner deposits the a fresh calculated penalty amount, within one week thereafter, the seized vehicle should be released in favour of the petitioner. Patna High Court CWJC No.6217 of 2025(4) dt.05-08-2025 4/4 8. With the aforesaid observation and direction the present writ application stands allowed to the aforesaid extent. All pending I.As, if any shall be deemed to have been disposed of. Prakash Narayan (Alok Kumar Sinha, J) U