2025:JHHC:11267-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 1819 of 2025 Kedar Sao @ Kedar Saw, aged about 40 years, son of Chando Saw, resident of Chamatu, P.O. + P.S. Ganeshpur, District- Latehar. ... Petitioner Versus 1. The State of Jharkhand. 2. The Deputy Commissioner-cum-District Magistrate, Latehar, P.O., P.S. and District-Latehar. 3. Superintendent of Police, Latehar, P.O., P.S. and District-Latehar. 4. District Mining Officer, Latehar, P.O., P.S. and District – Latehar. ... Respondents --------- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJESH SHANKAR --------- For the Petitioner: Ms. Sonali Sodhani, Advocate For the Respondents: Md. Shahabuddin, S.C.-VII --------- 02/Dated: 15.04.2025 M.S. Ramachandra Rao, C.J.(Oral) 1. Heard the parties. 2. Having regard to the law laid down by this Court on 22.07.2024 in W.P. (C) No. 6788 of 2023 holding that there is no power conferred on the Deputy Commissioner to initiate and decide a confiscation proceeding and Rule 11(5) of the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017 permitting the same, is invalid, this writ petition is allowed and the order of confiscation of the Pay-Loader bearing registration No.BR02GB-9140 passed on 08.10.2022 by the 2nd respondent is set aside and the respondents are directed to forthwith release the said vehicle to the petitioner. The respondents shall also pay cost of Rs.20,000/- to the petitioner, within four weeks. (M.S. Ramachandra Rao, C.J.) (Rajesh Shankar, J.) Manoj/Pramanik/Cp.2