Ajit Singh Yadav v. The State Of Bihar, Through The Principal Secretary, Mines And Geology Department, Vikas Bhawan, Ba

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2846 of 2017 ====================================================== Ajit Singh Yadav S/o Siya Ram Singh Yadav, R/o Abdul Rahman urf Bamnauli, P.S.- District- Gazipur, U.P.

.... .... Petitioner/s

Versus

1. The State of Bihar, Through The Principal Secretary, Mines And Geology Department, Vikas Bhawan, Bailey Road, Patna.

2. The Principal Department Vikas Bhawan, Bailey Road, Patna.

3. The Scientific Officer Cum Mines Inspector, Mohania, Kaimur.

4. The Officer In Charge, Kudra P.S., Kaimur Bhabhua. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Singh, Adv. For the Respondent/s : Mr. Gyan Prakash Ojha (GA-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-01-2018 Heard learned counsel for the parties.

Petitioner is seeking a direction in the nature of mandamus for release of the Truck bearing Reg.No.UP-61 T 8383, Engine Number 31B84096593 and Chasis No.MAT448035DAB01428 in connection with Durgawati P.S. Case No.236 of 2017 under Section 75 of the Bihar Minor Mineral Rules, 2017.

Learned counsel for the petitioner submits that ten wheeler truck in question is having a registration certificate, fitness certificate, insurance certificate, certificate of pollution under control which will be evident from Annexure-1 series. It is his case that the petitioner was having mineral transportation

challan dated 18.10.2017 for transportation of sand from the sand ghat to Karmnasha. The sand ghat is said to be settled in favour of Aditya Multicom Pvt. Ltd. for mining of sand. It is stated that while the truck of the petitioner was transporting the sand from the sand ghat to Karmnasha it was stopped for checking and then seized by the transport officer and enforcement sub inspector for alleged overloading and for the said alleged overloading a fine of Rs.17,600/- was also realized from the petitioner by District Transport Officer, Kaimur at Bhabhua at the spot itself vide receipt no.3945826JJ dated 30.10.2017, but thereafter Durgawati police came at the spot and on seeing the long queue of vehicles driver was asked to pay Rs.50,000/- per truck as gratification and on non-payment the vehicle was sent to Durgawati police station. Serious allegations have been made in paragraph 7 of the writ application by the petitioner.

Learned counsel for the petitioner submits that it would appear from Annexure-3, the relevant page 19, that the Transport officer had even collected the penalty amount of Rs.17,600/- and the driver was given to understand that the vechile will be released but later on the vehicle has not been released because the petitioner has not fulfilled the illegal gratification demand of the police. He further submits that the validity of New

Bihar Minor Mineral Rules 2017 is under challenge in this Court and the entire Rule has been stayed.

Learned counsel for the State has virtually no reply to the assertion made in the writ application. In the facts and circumstances, I direct provisional release of the vehicle in question in favour of the petitioner/owner subject to production of document of ownership and on submission of surety bond of Rs.17,00,000/- (seventeen lacs) (Not in form of bank guarantee or cash) with two sureties of the like amount to the satisfaction of court below or the authority concerned.

At the time of release, a photograph duly certified and panchnama shall be prepared in accordance with law. The petitioner shall also give an undertaking that he will not deal with the vehicle in question and shall not alienate or encumber the same creating any kind of adverse interest against the interest of the State, he will not use the vehicle for any illegal purpose and as and when required, he will produce the vehicle in question before the competent court/authority. Before parting with this order this Court would like to notice that serious allegations have been made in the writ application which have remained uncontroverted despite service of

a copy of the writ application on the State as far back as on 04.12.2017, the Principal Secretary, Mines and Geology Department, Government of Bihar is directed to look into the matter particularly the kind of allegation made in the writ application and do the needful so that the public/truck owner is not unnecessarily harassed.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) Arvind/- U T