Pappu Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.849 of 2025 In Civil Writ Jurisdiction Case No.16950 of 2024 ====================================================== Pappu Alam Son of Hashmuddin Resident of Village- Jawkatia Manjhauliya, P.S.- Manjhauliya, District- West Champaran, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

The Collector-cum-District Magistrate, West Champaran, Bettiah. 3.

The Assistant Director, District Mining Office, Jamui. 4.

The Mining Inspector, District Mining Office, Jamui. 5.

The District Transport Officer, Jamui.

6.

The Superintendent of Police, Jamui.

7.

The Officer-in-Charge, Sono.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rishav Dev, Advocate For the State :

Mr. Vikash Kumar, SC-11 For the Mines :

Mr. Naresh Dixit, Advocate Mr. Utsav Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2025 Heard Mr. Rishav Dev, learned counsel for the petitioner, Mr. Naresh Dixit, learned Spl. P.P. for the Mines Department and Mr. Vikash Kumar, learned counsel for the State.

2. The present modification application is filed for modification of order dated 28.01.2025 passed in C.W.J.C. No. 16950 of 2024.

Patna High Court MJC No.849 of 2025(3) dt.04-04-2025 2/3

3. Learned counsel for the petitioner submits that the modification is required in the aforesaid order to the extent in its Paragraph No. 5 whereby the direction has been made to file an appeal within a period of two weeks before the Appellate Authority i.e. Respondent No. 2 (Collector-cum-District Magistrate, West Champaran, Bettiah).

4. Learned counsel for the petitioner submits that the alleged seizure of petitioner's truck with coal took place in District Jamui, therefore, the competent authority would be Collector-cum-District Magistrate, Jamui to hear and adjudicate the issue as directed by this Court vide order dated 28.01.2025 passed C.W.J.C. No. 16950 of 2024. But, inadvertently it is mentioned in array of the parties that the competent authority is Collector-cum-District Magistrate, West Champaran, Bettiah.

5. In view of the aforesaid, the order dated 28.01.2025 is modified to the above extent that if the petitioner has filed an statutory appeal within a period of two weeks (from today), the Appellate Authority (Collector-cum-District Magistrate, Jamui) is directed to dispose of the statutory appeal of the petitioner within a period of two months after hearing all the concerned and pass a reasoned and speaking order in accordance with law.

Patna High Court MJC No.849 of 2025(3) dt.04-04-2025 3/3

6. In view of the aforesaid, the present modification application is disposed of.

(Rajesh Kumar Verma, J) priyanka/- U