Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6944 of 2023 ====================================================== Ajay Kumar Son of Sri Surendra Singh Resident of Village-Suba Bigha Zamuar, Police Station- Dehri On Sone District- Rohtash, Bihar. ... ... Petitioner/s
Versus
1.
The State of Bihar Through the Mines Commissioner, Department of Mines and Geology, Government of Bihar, Patna.
2.
The Mines Commissioner, Department of Mines and Geology, Government of Bihar, Patna.
3.
The Director General of Police, Government of Bihar, Patna. 4.
The District Magistrate, Aurangabad.
5.
The Superintendent of Police, Aurangabad.
6.
The Officer In Charge, Barun Police Station, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gaurav Pratap, Advocate For the Respondent/s :
Mr. Gyan Prakash Ojha (GA-7) Mr. AC to Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-07-2024 Heard Mr. Gaurav Pratap, learned counsel for the petitioner and learned AC to Spl.P.P. Mines.
2. The present writ petition has been preferred for the grant of following relief/s:- "That the instant writ application is being filed for issuance of writ / writs, order / orders, direction / directions for commanding the respondents' authorities to release the JD loader machine bearing registration number BR24GA-6919 (at serial
2/6 number 8 of the seizure memo.), which has been seized in connection in connection with Barun P.S. Case No. 366 of 2022 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code and Rule 04 (1A), 21 of the Mines and minerals (Development and Regulation) Act and Rules 11, 18. 43. 56 of the Bihar Minerals Concession Prevention of Illegal Mining Transportation and Storage Rules."
3. As would reflect from the prayer itself, Barun P.S. Case No. 366 of 2022 was registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code and Rule 04 (1A), 21 of the Mines and minerals (Development and Regulation) Act and Rules 11, 18. 43. 56 of the Bihar Minerals Concession Prevention of Illegal Mining Transportation and Storage Rules. As per the F.I.R., alongwith the vehicle of the petitioner, numbers of other vehicles were impounded/seized for want of valid documents/challan thus having found violated the different sections of the 2019 Rules (Annexure-1 to the petition).
4. Learned counsel for the petitioner submits that a
3/6 bare perusal of a seizure list would show that of the nine vehicles which were seized/impounded, none matches his vehicle number.
5. This Court would like to incorporate the details of the seized vehicle:
"1. 12 चकका ट्रक चेससस संखया MAT466420F1B02383 ( पंजीयन संखया- BR26H/6293) सजसपरलगभग1200 घनफीटबालू सबनाचालानलोड।
2. 12 चकका ट्रक पंजीयन संखया- BR02GB/0932 सजसपरलगभग100 घनफीटबालू सबनाचालानलोड।
3. 12 चकका ट्रक चेससस संखया- MAT466404B3E13914 ( पंजीयनसंखयाअंसकतनहीं)।
4. 12 चकका ट्रक चेससस संखया- MAT466420C2G15884 ( पंजीयनसंखयाअसपषट)। 5.
सवराज ट्रैकटर चेससस संखया MBNAN48ADLTH45294 इंजन संखया- 39.1355/SBH07519 ( पंजीयनसंखयाअंसकतनहीं) सजसके ट्रॉलीपरलगभग100 घनफीटबालूसबना चालानलोड। 6.
मसहनद्रा ट्रैकटर चेससस संखया- MBNAAADAPKRK02579 इंजन संखया- RKK2DBN0791 ( पंजीयनसंखयाअंसकतनहीं) सजसके ट्रॉलीपरलगभग100 घनफीटबालूसबनाचालान लोड। 7.
जे०डी० लोडर मशीन सससरयल नं०SR12M180689, मॉडलनं0- S2212
4/6 8.
जे०डी० लोडर मशीन सससरयल नं०SRI2B150178, मॉडलनं०- S2212 9.
जे०टी० लोडर मशीन सससरयल नं०SR12H200446, मॉडलनं0- S2212"
6. The transport department details of the vehicle of the petitioner bearing registration No. BR-24GA-6919 which record as under:
5/6
7. From the aforesaid facts it is clear that the details of the vehicle which the petitioner owns does not matches with the seizure list. However, the facts remains that his vehicle has been impounded/seized and is presently lying with the respondentsauthorities.
8. The counter-affidavit though have not been filed in the Court and this Court has taken the help of the copy of the learned counsel for the petitioner and a perusal of it would show that the respondents have based their case on the report of the Police Officials wherein it has been stated that the concerned DTO gave a report that the details of the vehicle is not available in the office.
9. This Court however finds that no such report of the concerned DTO has been filed with the counter-affidavit.
10. Clearly, the petitioner has made out a case. However, again the fact remains that his vehicle remains impounded for whatever reason with the respondents.
11. In that background and since the FIR is of the year 2022, the writ petition filed in the year 2023 and no detailed counter-affidavit has been filed, instead of asking the respondent to file another reply, this Court would like the case to be disposed of with following direction:
6/6 (i) the petitioner to detail out all the facts alongwith relevant documents and prefer a petition before the respondent no. 2, the Mines Commissioner, Department of Mines and Geology, Bihar, Patna within a period of two weeks; (ii) in case the same is preferred within two weeks, the concerned respondent shall be duty bound to take up the matter and after hearing both the petitioner as also the other side/officials, take a decision with regard to the case of the petitioner within a period of eight weeks from the date, the petition is preferred before him/her.
12. This Court observes that the order must be reasoned one and all the facts be incorporated in the said order.
13. The present writ petition stands disposed of. Adnan/- (Rajiv Roy, J) U