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2084 DAILYLAW 1 (PAT)

Subhash Kumar Mehta v. The State of Bihar

CWJC/2084/2026 · 2026-04-23

Rajiv Roy

body2084

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2084 of 2026 ====================================================== Subhash Kumar Mehta Son of Chotelal Mehta, R/o Behradih, Domchanch, District- Koderma (Jharkhand). ... ... Petitioner/s Versus 1. The State of Bihar through the Secretary, Department of Mines and Geology, Government of Bihar, Patna. 2. The Secretary, Department of Mines and Geology, Government of Bihar, Patna. 3. The District Magistrate, Nawada. 4. The Mineral Development Officer, District Mining Office, Nawada. 5. The Mining Inspector, District Mining Office, Nawada. 6. The Officer-in-Charge, Rajauli Police Station, Nawada. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajnikant, Advocate : Mr. Masoom Raza, Advocate For the State : Mr. Government Pleader (04) For the Mines Dept. : Mr. Naresh Dikshit, Spl. PP Mines : Ms. Shruti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 23-04-2026 Heard Mr. Rajnikant, learned counsel for the petitioner and Ms. Shruti Singh, learned counsel representing the Mines Department beside learned State counsel. 2. The present petition has been preferred for the grant of following relief(s): “(i) for issuance of writ in the nature of "Mandamus" upon the concerned respondents to release the seized Truck of the petitioner bearing Registration No. JH-12K-9048 which has been Patna High Court CWJC No.2084 of 2026(2) dt.23-04-2026 2/3 illegally seized on 02.12.2024 in Rajauli P.S. Case No.562/2024, without any notice or opportunity of hearing. (ii) for issuance of an appropriate writ or any other order or direction commanding the respondent authorities to release the vehicle (Truck) of the petitioner bearing Registration No.JH-12K-9048. (iii) for direction to the respondent authorities to pay compensation to the petitioner for illegal confinement of his commercial vehicle. (iv) for issuance of such other order or direction as the petitioner may be found entitled to in the facts and circumstances of the instant case.” 3. The Truck bearing registration no. JH-12K-9048 was intercepted near Rajauli and found involved in overloading stone chips, this led to the F.I.R. vide a Rajauli P.S. Case No.562 of 2024 and the Truck stands seized. 4. Learned counsel for the petitioner submits that he shall be fighting the battle out in the Court but the seizure of vehicle has put him in economic crisis and even the condition of Patna High Court CWJC No.2084 of 2026(2) dt.23-04-2026 3/3 the truck is deteriorating, it being kept in the open sky and he is ready to pay the fine amount under protest. Learned counsel for the petitioner further submits that during the pendency of the proceeding, the truck shall not be alienated and will be produced as and when required by the respondent authorities. 5. Learned counsel representing the Mines Department submits that if the petitioner is ready to pay the fine amount, the truck shall be released subject to the proceeding to be continued. 6. In that background, with the consent of the parties, the writ petition is disposed of allowing the petitioner to approach the District Mining Officer, Nawada in next one week who shall be taking up the matter and after payment of fine amount, shall release the truck. vinayak/- (Rajiv Roy, J) U