Md. Shamshad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10870 of 2024 ====================================================== Md. Shamshad Son of Md. Kamruddin, Resident of Village- Puraini Makbara, P.S.- Jagdishpur, District- Bhagalpur.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Mines and Zoological Department, Government of Bihar, Patna.
2.
The Mines Commissioner, Bhagalpur Division, District- Bhagalpur. 3.
The District Magistrate, at Bhagalpur, District- Bhagalpur. 4.
The District Mining Officer, District- Bhagalpur. 5.
The District Transport Officer, District- Bhagalpur. 6.
The Mines Development Officer, District- Bhagalpur. 7.
The Mines Inspector, District- Bhagalpur.
8.
The S.H.O. of Jagdishpur Police Station, District- Bhagalpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Giri, ADvocate For the Respondent/s :
Mr.Anirbau Kundu, Standing Counsel-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 08-04-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Mines Department.
2. Learned counsel for the petitioner submits that the Truck of the petitioner bearing Registration No.BR 11S 8332 has been seized by the Mines Development Officer, Bhagalpur for carrying overload sand over the aforesaid vehicle. Learned counsel for the petitioner submits that the allegation as alleged in the impugned order is false and fabricated and from a bare perusal of the impugned order it appears that no weighing was conducted in
Patna High Court CWJC No.10870 of 2024 dt.08-04-2025 2/2 presence of the petitioner and even how much more sand was found in the vehicle in question not mentioned in the impugned order and the authority has issued a letter which suggests that the petitioner is liable to pay a fine of Rs.2,40,446/- (Two Lacs Forty Thousand Four Hundred Forty Six). Learned counsel for the petitioner submits that without the measurement the authority has come to the conclusion that the vehicle in question was overloaded.
3. Considering the aforesaid facts, the respondent No.3 is directed to measurement of the vehicle in question afresh in presence of the representative of the petitioner/petitioner and representative of the Mines Department and then take a fresh decision in accordance with law. The measurement process shall be completed within a period of two weeks from the date of receipt/production of a copy of this order.
4. With the aforesaid direction, this writ application stands disposed of.
(Rajesh Kumar Verma, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.04.2025 Transmission Date NA