Ravishankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8224 of 2026 ====================================================== 1.

Ravishankar Kumar Son of Sri Mantu Prasad, Resident of Village Lodhipur, P.S. Tehhara, District- Nalanda (801306).

2.

Lalbahadur Shastree @ Lalbahadur Shastri, Son of Ramnandan Gop, Resident of Village Nandachak, Jayatipur, P.S.- Islampur, District- Nalanda (801303).

3.

Akshay Kumar, Son of Virju Prasad @ Birju Prasad, Resident of - Ruchunpura, P.O.- Dhangawan, P.S.- Ekangarsarai, District- Nalanda (801301).

4.

Rajeev Kumar, Son of Late Suresh Prasad, Resident of - Ruchunpura, P.O.- Dhangawan, P.S.-Ekangarsarai, District- Nalanda (801301). 5.

Laungi Prasad @ Longi Prasad, Son of Rajkumar Prasad, Resident of Village - Damodar Sarai, Manpur, P.S.- Hilsa, District - Nalanda (801301). 6.

Tarun Kumar, Son of Sri Mahesh Prasad, Resident of Village -Manpur, P.O.- Dhangawan, P.S.-Ekangarsarai, District- Nalanda (801301). 7.

Tarun Kumar, Care of Chhatrabali Mistri, Resident of Village - Chakmunna, P.S.- Hilsa, District-Nalanda (801301).

8.

Dharmendra Chauhan, Son of Chhote Chauhan, Resident of Village - Nemna Tola, P.O. and P.S.-Hilsa, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Mining Department, Government of Bihar, Patna.

2.

The Additional Chief Secretary, Mining Department, Government of Bihar, Patna.

3.

The Divisional Commissioner, Gaya Jee.

4.

The District Magistrate, Gaya Jee, District - Gaya Jee. 5.

The District Mining Officer, Gaya Jee, District - Gaya Jee. 6.

The Mineral Development Officer, Gaya Jee, District - Gaya Jee. 7.

The S.H.O, Chakand P.S., District- Gaya Jee.

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

For the Petitioner/s :

Mr. Rajnish Prakash, Advocate Mr. Sanjeev Kumar, Advocate Mr. Kanishk Kautubh, Advocate Mr. Rajnish Prakash, Advocate Mr. Rohan Sinha, Advocate For the Respondent/s :

Mr. Government Pleader 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

2/4 ORAL ORDER 02-07-2026 Heard Mr. Rajnish Prakash, learned counsel for the petitioner and Mr. Naresh Dikshit representing the Mines Department beside the State.

2. The present petition has been preferred for the following relief(s):

"(i) For direction to the respondent authorities to release the vehicles / tractors of the petitioners which has been seized in connection with Chakand P.S Case No. 37/2026 registered for the offences under section 303(2), 317(2) of the BNS as well as under Section 21 & 56 of the Mines and Mineral (Development and Registration) Act, 1957.

(ii) For any other relief/s for which the petitioners may be deemed entitled to."

3. The eight petitioners owned the tractors which now stands seized and the details stands recorded in paragraph-5 as under:

Sl. No.

Name of the Owner Description of the Vehicle 1.

Lalbahadur Shastree @ Lalbahadur Shastri Registration No.- BR21GC3401 Chassis No.

MBNABAEXKRRE16295 Engine

3/4 No. - RRE2EAN2318 2.

Ravi Shankar Kumar Registration No.- BR01GP7536 Chassis No. - T053739495MP Engine No. E3850246 3.

Akshay Kumar Registration No.- BR21GB1005 Chassis No.

-MEA386A1HJ2208549 Engine No. S324E75386 4.

Rajeev Kumar Registration No.- BR21GB6785 Chassis No.

MEABAF69AM2336909 Engine No. S325 5L 37486 5.

Laungi Prasad @ Loungi Prasad Registration No.- BR21G3268 Chassis No. - Not mentioned Engine No. - Not mentioned 6.

Tarun Kumar Registration No.- BR21GB0289 Chassis No.

-MEA386A1HJ2206745 Engine No.-S324 E74976 7.

Lalbahadur Shastree @ Lalbahadur Shastree Registration No. - BR25G7139 @Chassis No. - not mentioned Engine No. - RYNH00169 8.

Tarun Kumar Registration No. BR21GC4523 Chassis No.

MBNCB48NFSTG15220 Engine No. - DB.

1105/SHG23224 9.

Dharmendra Chauhan Registration No.- BR21GA7138 Chassis No.

MBNABAEXPHRG03478 Engine No. - RHG2EAN7103

4. The contention is that the tractors after issuance of valid tokens were lifting the sand at Falgu River within the district Gaya Ji when the interception/seizure took place followed by imposition of fines. The submission is that they have already preferred petition before the District Mining

4/4 Officer, Gaya Ji on 01.05.2026 which has not been disposed of.

5. Learned counsel representing the Mines Department submits that the entire objection/petition of the petitioners shall be disposed of within a period of four weeks.

6. In that background, considering the fair stand taken by the respondents, the writ petition stands disposed of directing the District Mining Officer, Gaya Ji to immediately take up the petitions preferred by the eight petitioners and ensure that it is disposed of, if still not disposed of, within the time frame as undertaken by the Mines Department.

7. The writ petition stands disposed of with the aforesaid observation.

(Rajiv Roy, J) Adnan/- U