Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1047 of 2026 ====================================================== Manoj Kumar Son of Shivji Ray, R/o Mubarakpur Krishi Farm, Mobarakpur, PS Sahpur, District Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Department of Mines of Geology, Government of Bihar, Patna.
2.
The Secretary, Department of Mines of Geology, Government of Bihar, Patna.
3.
The District Magistrate, Patna.
4.
The Mineral Development Officer, District Mining Office, Patna. 5.
The Mining Inspector, District Mining Office, Patna. 6.
The Office-in-Charge, Narbatpur Police Station, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajnikant, Adv.
For the Respondent/s :
Mr. Standing Counsel (6) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-07-2026 Heard the parties
2. The present petition has been preferred for the following relief(s):
i. for issuance of a writ in the nature of "Mandamus" for quashing the letter no. Camp/01/M dated 09.07.2025 issued by the Mining Inspector, District Mining Office, Patna whereby and whereunder the petitioner's truck bearing Registration No. BR01-GD-4928 which has been illegally seized, despite having the valid challan and without any notice or granting any opportunity of hearing.
2/4 ii. For issuance of a writ or any other order or direction commanding the respondent authorities to release the truck of the petitioner bearing Registration No. BR01-GD-4928 which was seized without following due process of law.
iii. For direction to the respondent authorities to pay compensation to the petitioner for illegal confinement of his commercial vehicle.
iv. For any other relief or reliefs for which the petitioner be found entitled in the eye of law.
3. The petitioner owns a truck bearing Registration No. BR-01GD-4928 and after loading stone chips from Katni (Madhya Pradesh) which was destined for Patliputra Railway Station, Patna (Bihar), it was on the road under Naubatpur Police Station jurisdiction, the mining officials intercepted it. The vehicle was seized on the ground that the challan is fake and fabricated. Accordingly, the seizure list dated 09.07.2025 was issued.
4. The claim of the petitioner is that he was moving on a valid challan and only on suspicion, the entire story been created. He moved before the learned A. C. J. M., Danapur, Patna in Miscellaneous Case No. 08 of 2025 and the learned Court was pleased to call for a report from the Office of the
3/4 Collector (Mines Section) Katni, (Madhya Pradesh) and the response vide number 2732 dated 21.07.2025 shows that as per the portal of the Katni District, it has been found to be a valid challan recording that the loaded stone chips were destined for Patliputra Railway Station (Annexure P/4 to the writ petition).
5. The counter-affidavit has come on behalf of the Mineral Development Officer, District Mining Office, Patna and so far as the answer to paragraph-7 is concerned, the respondents have chosen to skip it.
6. On the other hand, they have just made a passing reference that so far as validation of the challan is concerned, that is a correspondence between the learned A. C. J. M. Danapur and the authorities of the Katni Mines Office.
7. Having heard the parties, there is a claim and a counter-claim, certainly, the petitioner for the present has edge in view of the letter dated 21.07.2025 issued by the Katni Mines Office. It is not the case of the respondent that they made an inquiry with their counterpart at Katni (Madhya Pradesh) on the veracity of the letter dated 21.07.2025 and has only made a reference that if there is a suspicion, that cannot be.
8. However, since the matter is pending before the learned A. C. J. M. Danapur in Miscellaneous Case No. 08 of
4/4 2025, this Court request the concerned Court to expedite and conclude the proceeding and pass an appropriate order after hearing the parties.
9. Till the decision comes in Miscellaneous Case No. 08 of 2025, status quo as existing today so far as the vehicle is concerned, shall be maintained.
10. The writ petition is disposed of with the aforesaid observations.
(Rajiv Roy, J) munindra/- U