2026:JHHC:2637 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (Cr) No. 32 of 2026 ----- Ram Chandra Prasad Yadav, S/o Sukhlal Yadav, R/o Village-Padrachh, Tola Devtara, P.O.-Padrachh, Hardi, P.S.-Petrahi, Dist.-Sonebhadra, U.P. … …. Petitioner Versus 1. The State of Jharkhand 2. The Deputy Commissioner-cum-District Magistrate, Garhwa, PO, PS & District-Garhwa 3. The Superintendent of Police, Garhwa, PO, PS & District-Garhwa … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : Mr. Ravi Prakash, Advocate For the Respondent-State : Mr. Deepankar, AC to Advocate General ----- Oral Order 06 / Dated : 02. 02.2026 1. The instant writ petition has been filed under Article 226, for quashing the confiscation proceeding and refund of the amount deposited by the petitioner ordered in Confiscation Case No. 21 of 2020-21 and 22 of 2020-21 arising out of Ketar P.S. Case No. 48 of 2020, registered under Sections 379, 411, 420, 120B/34 of IPC and Rule 54 of JMMC (AR), 2017 and Section 21 of MMDR Act, 1957 including the order dated 29.10.2021 passed by the court of Deputy Commissioner-cum- District Magistrate, Garhwa, whereby and whereunder, the petitioner was directed to deposit Rs. Three Lakh each in both cases for release of truck bearing Registration Nos. UP64AT-3473 and UP64AT-7673. 2. It is submitted by learned counsel for the petitioner that the power of Deputy Commissioner-cum-District Magistrate to confiscate under Rule 11(v) of Jharkhand Mineral (Prevention of Illegal Mining, Transportation and Storage), Rules, 2017 has been declared ultra vires by this Court in W.P. (C) No. 6788 of 2023. The very basis of the proceeding of confiscation was ultra vires as the Deputy Commissioner had no power to confiscation. 3. Learned counsel for the State does not dispute the legal position so far as the power of Deputy Commissioner under Rule 11(v) of Jharkhand 2026:JHHC:2637 2 Mineral (Prevention of Illegal Mining, Transportation and Storage), Rules, 2017 is concerned. 4. Under the circumstance, the proceedings, initiated in Confiscation Case No. 21 of 2020-21 and 22 of 2020-21, are quashed and all consequential orders are also set aside and quashed. 5. Any amount, deposited by the petitioner in Confiscation Case No. 21 of 2020-21 and 22 of 2020-21, is directed to be refunded within a period of four weeks from the date of receipt/production of a copy of this order. This writ petition is, accordingly, allowed. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satayendra Uploaded 04.02.2026