Kanahaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1295 of 2026 ====================================================== Kanahaiya Kumar Son of Uday Singh, Resident of Village- Chainpur, Police Station- Khusarupur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Director, Mines and Geology Department, Government of Bihar, Patna. 3.

The District Magistrate, Nawada, Bihar.

4.

The Superintendent of Police, Nawada, Bihar.

5.

The Mines Inspector, Mines and Geology Department, Nawada, Bihar. 6.

The SHO, Rajauli Police Station, Nawada, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Respondent/s :

Mr. Addl. Advocate General (07) For the Mines :

Mr. Naresh Dikshit, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-04-2026 Heard Mr. Deepak Kumar, learned counsel for the petitioner and Mr. Naresh Dikshit, learned Spl.P.P.

2. The present petition has been preferred for the following relief(s):

"(i) For issuing a writ of Certiorari or any other appropriate writ quashing the illegal seizure of the vehicle of the petitioner bearing Registration No.- JH12F-9613, which has been illegally seized on 07.12.2025 by the respondent and no documents regarding aforesaid seizure has been provided.

Patna High Court CWJC No.1295 of 2026(2) dt.02-04-2026 2/3 (ii) For issuance of a writ of Mandamus directing the immediate release of the seized vehicle which was seized without following due process of law.

(iii) For directing an independent enquiry of the illegal and coercive actions of police officials of Rajauli police station, Nawada as well as officials of Mines & Geology Department, Nawada.

(iv) For grant of any relief/s as petitioner may be found entitled in the facts and circumstances of the present case."

3. At the outset, learned counsel for the Mines Department submits that an order has been passed vide letter no. 351 dated 06.02.2026 and the natural recourse for the petitioner is to approach the Collector, Nawada under Section 67 of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2019 (henceforth for short 'the 2019 Rules').

4. Chapter 16 relates to appeals and revision and section 67 of 'the 2019 Rules' reads as follows:

67. Appeals. - (1) All final orders passed by

Patna High Court CWJC No.1295 of 2026(2) dt.02-04-2026 3/3 Mining Officer shall be appealable to the Collector within sixty days from the date of the order.

(2) All final orders passed by the Collector shall be appealable to the Mines Commissioner within sixty days from the date of the order.

(3) All appeals shall be disposed of within three months from the date of the filing. All appeals in the rule shall be in Form "L"."

5. After some arguments, learned counsel for the petitioner submits that he shall be approaching the concerned authority in next two weeks.

6. If such petition is preferred, the Collector, Nawada shall take into account that the matter is taken to its logical conclusion at an earliest preferably within a period of three months.

7. The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) Adnan/- U