Md. Maruf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4793 of 2025 ====================================================== Md. Maruf Son of Md. Samasul Joha Resident of Bhir Road, Nalanda, P.S.- Nalanda, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director Mines, Bihar, Patna. 2.

The Director Mines, Bihar Patna at Patna.

3.

The Collector, Sheohar, at Sheohar.

4.

The District Mines Officer, Sheohar, at Sheohar. 5.

The Mines Inspector, Sheohar, at Sheohar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the State :

Mr. K.N. Jha, AC to GP-11 For the Mines :

Mr. Naresh Dikshit, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-04-2025 Heard Mr. Dilip Kumar Roy, learned counsel for the petitioner, Mr. K.N. Jha, learned counsel for the State and Mr. Naresh Dikshit, learned counsel for the Mines Department.

2. The present writ petition has been filed for the following reliefs:- (i) For the issuance of an appropriate Writ directing the Respondents to release the vehicle of petitioner bearing Reg. No.NL01G5292 seized under Sheohar Police Station, District-Sheohar.

(ii) For the issuance of an appropriate Writ directing the respondents to drop the proceeding under Mines and Minerals Act if

Patna High Court CWJC No.4793 of 2025(2) dt.08-04-2025 2/3 any against the above said seized vehicle.

(iii) For the issuance of an appropriate Writ to quash the notice issued vide Letter No.129 dated 18.2.2025 by the Respondent No.3 which does not contain any offence Under Section 56 (2) ii of Bihar Minerals (Concession, Prevention of Illegal Mining Transportation & Storage) Amendment Rules-2024.

(iv) For the issuance of any other appropriate Writ/Direction as your Lordships may deem fit and proper for the ends of Justice.

3. Learned counsel for the petitioner submits that vehicle of petitioner bearing Registration No. NL01G-5292 has been seized on 04.02.2025 alleging that 370 kg of mineral are loaded upon the vehicle excess than the load provided in the Chalan and it is also alleged that the vehicle was delayed for 24 hours and 36 minutes.

4. Learned counsel for the petitioner submits that the vehicle of the petitioner was seized on 04.02.2025 but till date the authority has not informed the petitioner that how much amount is liable to be paid by the petitioner.

5. Learned counsel for the Mines Department on the other hand submits that the petitioner may approach before the District Mines Officer, Sheohar (Respondent No.4).

Patna High Court CWJC No.4793 of 2025(2) dt.08-04-2025 3/3

6. In view of the aforesaid, District Mines Officer, Sheohar (Respondent No.4) is directed to inform the petitioner within two days, from the date of production/receipt of copy of this order as to how much amount is required to be deposited by the petitioner as a fine and if the petitioner deposits the fine within a period of two weeks, then the Respondent No. 4 is directed to release the vehicle of the petitioner forthwith.

7. With the aforesaid direction, the writ petition stands disposed of.

(Rajesh Kumar Verma, J) Suruchi/- U