Chandra Shekhar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9402 of 2026 ====================================================== Chandra Shekhar Singh Son of Ram Awadhesh Singh, R/o Village- Ekla Murdaha, P.S.- Cholapur, District- Varansi (U.P.), Permanent AddressVillage- Sariyaon, P.O.- Nateya, P.S.- Kudra, District- Kaimur. ... ... Petitioner/s
Versus
1.
The State of Bihar through Additional Chief Secretary (ACS), Bihar State Mining and Geology Department, Govt. of Bihar, Patna. 2.
The Collector cum District Magistrate, District- Kaimur at Bhabua. 3.
The District-Mining Officer, District- Kaimur at Bhabua. 4.
The Mining Inspector, District Mining Office Kaimur at Bhabua. 5.
The S.H.O. Police Station Durgawati, District- Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramchandra Singh, Advocate For the Respondent/s :
Mrs. Nutan Sahay, AC to AAG-12 For the Mines :
Mr. Naresh Dikshit, Spl. P.P.
Mr. Utsav Anand, Adovate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-07-2026 Heard Mr.Ramchandra Singh, learned counsel for the petitioner and the learned State counsel as also Mines Department.
2. The present petition has been preferred for the following relief/s:
(i) for quashing the letter dated 26.04.2026 issued by the Mining Inspector, Kaimur (Bhabua), in which he has seized the Truck of the petitioner, for issuance of writ in the nature of certiorari as well as for issuance of
2/4 writ in the nature of Mandamus, or any other writ/write or direction/directions to the respondents to release seized Truck in question bearing Registration No PB13BB8490, Engine No.
1S8E592304081A63655118 and Chassis Ne MAT704122J3A00614 to the petitioner.
3. The petitioner owns the truck bearing registration no. PB-13-BB8490 which was issued a challan for transportation of yellow sand from Aurangabad to Karamnasa and the loaded material has been recorded in the challan as 39.350 metric tonne.
4. The period of challan is/was 25.04.2026-10.17.24 PM to 26.04.2026-10.17.24 AM, while on the road it was intercepted near Karamnasa boarder under Durgawati Police Station, Bhabhua .
5. The vehicle driver escaped. Whereafter, the truck was take to weighing machine and found to be overloaded inasmuch as it weighed 39.350 kgs was also intercepted and also weighed as 64.72 kgs. As it was overloaded, seized and fine amount imposed.
6. Learned counsel for the petitioner submits that he
3/4 has good case which shall be contested before an appropriate authority. However, in the present, he wants release of the vehicle as its seizure has led to the vehicle remaining under the sky, getting deteriorated day by day. It is also proving to be detrimental to his family as the truck is out of service, reserving his right to fight out the battle, he be allowed to make the payment in instalments.
7. Learned counsel for the petitioner further submits that if the truck is released upon payment of the fine amount: (i) he shall not alienate the said truck; and (ii) he shall produce the same before the respondent-authorities as and when required.
8. In that background, with the consent of the parties, the writ petition stands disposed of allowing the petitioner to pay the amount in following manner:
"(i) Rs. 3,71,913 at the time of the release of the vehicle: and (ii) Rs. 2,00,000/- by September, 2026;
(iii) Rs.2,00,000/- by November, 2026;
(iii) failure to pay any of the fine amount, respondents shall be free to take steps for seizing the vehicle once again.
4/4
9. The writ petition stands disposed of with the aforesaid observation.
(Rajiv Roy, J) Ravi/- U