Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4915 of 2025 ====================================================== 1.

Sunil Kumar Singh S/o Triloki Nath Singh, R/O Village- Chiraiya Tikar Sahi, P.S.- Baikunthpur, District- Buxar.

2.

Anil Kumar Singh, s/o Triloki Nath Singh, R/O Village- Chiraiya Tikar Sahi, P.S.- Baikunthpur, District- Buxar.

3.

Kamlesh Kumar Singh, S/O Triloki Nath Singh, R/O Village- Chiraiya Tikar Sahi, P.S.- Baikunthpur, District- Buxar.

... ... Petitioners

Versus

1.

The State of Bihar through Principal Secretary, Minerals and Mines Department, Government of Bihar, Old Secretariat, Patna. 2.

The District Magistrate, Bhojpur (Bihar).

3.

The Incharge Sr. Addl. Collector, District Legal Cell, Bhojpur, Ara. 4.

The Superintendent of Police, Bhojpur (Bihar). 5.

The Mining Inspector, District Mining Department, Bhojpur (Bihar). 6.

The S.H.O., Imadpur, P.S.- imadpur, District- Bhojpur (Bihar). ... ... Respondents ====================================================== Appearance :

For the Petitioners :

Mrs. Dimpal Kumari, Advocate For the State :

Ms. Anuradha Singh, SC-21 :

Ms. Nutan Kumari Sharma, AC to SC-21 For the Mines :

Mr. Naresh Dixisit, Advocate :

Mr. Brij Bihari Tiwari Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Mines Department.

2. Learned counsel for the petitioners is directed to make the Assistant Director, Mines and Geology, Bhojpur as party-respondent during the course of the day.

3. Learned counsel for the petitioners submits that four of the vehicles/trucks belonging to the petitioners bearing

Patna High Court CWJC No.4915 of 2025(4) dt.13-05-2025 2/3 Registration Nos. BR-44GA-5408, UP-67AT-1930, BR-03GB7770 and BR24GC-9022 have been seized and the following amounts towards compounding fee and cost of mineral have been levied by the Assistant Director, Mines and Geology, Bhojpur, Ara:

(i) Truck No. BR-44GA-5408:- Rs. 9,94,913/- (ii) Truck No. UP-67AT-1930:- Rs. 10,77,257/- (iii) Truck No. BR-03GB-7770:- Rs. 9,94,913/- (iv) Truck No. BR24GC-9022:- Rs. 10,79,930/-

4. Learned counsel for the petitioners submits that since all the four vehicles/trucks are lying in the open and totally unprotected by weather, therefore, the learned counsel for the petitioners is prepared to pay the above amounts in three equal monthly installments before the Assistant Director, Mines and Geology, Bhojpur, Ara. Learned counsel for the petitioners further submits that after the entire amount has been paid, the above four vehicles may be directed to be immediately released in favour of the petitioners.

5. Learned counsel appearing for the Mines Department has no objection to the above prayer being made by the learned counsel for the petitioners but he submits that the vehicles in question will only be released in favour of the

Patna High Court CWJC No.4915 of 2025(4) dt.13-05-2025 3/3 petitioners after the petitioners have deposited the entire amount standing against each of these vehicles.

6. In view of the above, the petitioners are directed to deposit the above amounts of compounding fee plus cost of mineral standing against each of these vehicles/ trucks in three equal monthly installments starting from the date of the order.

7. The Mines Department is directed that once the entire amount has been deposited by the petitioners, all the four vehicles, the details of which have been given hereinabove, shall be immediately released in favour of the petitioners.

8. In light of the above observation and direction, all proceedings/orders being carried out against the petitioners will deem to have come to an end.

9. With the aforesaid observation and direction, the present writ application is being disposed of.

10. If the petitioners fail to deposit the above amounts within the stipulated period then all proceedings and previous orders will stand revived.

(Alok Kumar Sinha, J) Gaurav Sinha/- U