2026:JHHC:26154 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 6703 of 2026 ----- 1.Ambika Mandal, S/o Keshav Mandal 2.Sanjiv Yadav, S/o Rajan Yadav Both are R/o Village Athaniya, PO Pashurampur, PS Pirpainti, District Bhagalpur, Bihar .... Petitioner(s). Versus 1.The State of Jharkhand 2.The Deputy Commissioner, Godda … Respondent(s) ------ CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Ranjan Kr. Singh, Advocate For the State : Mr. Jayant Franklin Toppo, GA-V …...... 02/ 31.08.2026: Heard, learned counsel for the petitioners and learned counsel for the State. 2. By filing this writ petition, the petitioners have prayed for the following reliefs:- "for issuance of an appropriate writ/writs, order/orders, direction/directions or a writ in the nature of Certiorari for quashing the order of confiscation dated 12.10.2023 (Annexure-3) passed by the Deputy Commissioner, Godda in Confiscation Case No.10 of 2022-23 whereby the motorcycle bearing Registration No.BR-10AJ-2953 of the petitioners no.1 and JH-17X-3997 of the petitioners no.2 has been confiscated relates to a criminal case bearing Meharma P.S. Case No.26 of 2022 dated 09.03.2022. AND Be further pleased to direct the respondents to release the motorcycle having Registration No. BR-10AJ-2953 of the petitioner no.1 and JH- 17V-3997 of the petitioner no.2 forthwith." 3. The petitioners are aggrieved by the aforesaid impugned order, by which, motorcycle of the petitioner along with others has been confiscated in Confiscation Case No.10 of 2022-23. 4. Admittedly, the Deputy Commissioner, Godda, has invoked Rule 11(V) of "the Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017" (hereinafter to be referred as "Rules of 2017"). 5. It is also admitted that a Division Bench of this Court vide judgment dated 22.07.2024 in the case of M/s Aditya Enterprises & Ors. Vs. The State of Jharkhand & Ors. [W.P.(C) No.6788 of 2023] and other analogues cases, has struck down Rule 11(V) of the Rules of 2017, holding it to be ultra vires the parent Act i.e. "the Mines and Minerals (Development and Regulation) Act, 1957". 6. Considering the fact that the provision of law has been declared ultra vires, the impugned order dated 12.10.2023 passed in Confiscation Case No.10 of 2022-23 (Annexure-3 to the writ petition), is hereby set aside. 6.1. The vehicle is directed to be released. 7. Accordingly, this writ petition stands allowed. No order as to costs. (ANANDA SEN, J.) 31st August, 2026 R.S./ Uploaded on 01/09/2026