Chatthilal Sah @ Chathi Lal Sah v. The State Of Bihar Through Principal Secretary, Department Of Mines And Geology, Govt. Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.343 of 2025 Arising Out of PS. Case No.- Year-0 Thana- District- Gopalganj ====================================================== Chatthilal Sah @ Chathi Lal Sah S/O Ramdas Sah R/O Village- Purbi Rauja, P.S- Chapra Town, Distt.- Saran- 841301 (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Mines and Geology, Govt. of Bihar Patna, Bihar 2.

The Principal Secretary, Home Department, Government of Bihar, Patna. Bihar 3.

The District Magistrate, Gopalganj. Bihar 4.

The Superintendent of Police, Gopalganj. Bihar 5.

The Mineral Development Officer, Gopalganj. Bihar 6.

The District Mining Officer, Gopalganj. Bihar 7.

The Mines Inspector, Gopalganj. Bihar 8.

The Officer In Charge, Mirganj Police Station, District- Gopalganj. Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Singh, Advocate :

Mr. Naresh Kumar, Advocate For the State :

Mr. Yogendra Pd. Sinha, AAG7 For the Department of Mines:

Mr. Naresh Dikshit, Advocate :

Mr. Brij Mohan Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-06-2025 Heard learned counsel for the parties.

2. This application has been filed for seeking following reliefs:

i. For issuance of writ in the nature of "Mandamus" upon the concerned respondents to release the seized truck of the petitioner bearing registration number JH-095-9751 which has been illegally seized on 28.12.2023

Patna High Court CR. WJC No.343 of 2025(2) dt.19-06-2025 2/3 despite having valid challan on the ground of "illegal Mining".

ii. For direction to respondent authorities to pay compensation to the petitioner for illegal confinement of his commercial vehicle.

iii. The Hon'ble Court may award the cost of litigation and suitable compensation to the Repetitioner for the loss and damages on account of unfair, illegal and arbitrary action of respondents.

3. It has been submitted by the learned counsel for the petitioner that the petitioner is ready to deposit the amount of Rs.2,53,250/- with the State in five installments as his financial condition has deteriorated due to seizure of this truck.

4. In the interest of justice, this application is allowed.

5. Petitioner is permitted to pay the aforesaid amount in five monthly installments. The first installment shall be paid by 04.07.2025 in the concerned Court below. The Demand Draft shall be in the name of State of Bihar. If such an amount is deposited, the same shall be released in favour of the Mining Department.

6. The petitioner along with the first installment will also furnish the surety for the balance amount in the Court below and after the aforesaid act shall done by the petitioner the

Patna High Court CR. WJC No.343 of 2025(2) dt.19-06-2025 3/3 vehicle shall be released in favour of the petitioner by way of interim measure. The release shall become final after the entire amount is paid in five installment.

(Sandeep Kumar, J) anand/- U T