Hitesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11348 of 2026 ====================================================== Hitesh Singh son of Rajesh Kumar Singh, Resident of Village- Chari, P.O.- Chiraigaon, P.S.-Kandwa, District Chandauli, State- Uttar Pradesh. ... ... Petitioner/s
Versus
1.
The State of Bihar through Additional Chief Secretary (ACS), Mines and Geology Deptt. Patna, Bihar.
2.
The Secreatry, Mines and Geology Department, Govt. of Bihar, Patna. 3.
The Collector cum District Magistrate, District-Rohtas at Sasaram. 4.
The District Mining Officer, District- Rohtas at Sasaram. 5.
The Mining Inspector, District Mining Office, Rohtas at Sasaram. 6.
The S.H.O., Police Station Chenari, District-Rohtas at Sasaram. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Singh, Adv.
For the Respondent/s :
Mr. Standing Counsel (8) ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 28-07-2026 Heard the learned counsel for the parties.
2. This writ petition has been filed for the following relief(s):- "That this is an application for quashing the letter dated 19.06.2026 issued by the Mining Development Officer, District Mining Office, Rohtas, Sasaram, in which he has imposed the penalty of Rs. 913090/- to the seized Truck bearing Reg. No. BR-24GC-9562 of the petitioner, for issuance of writ in the nature of certiorari as well as for issaunce of writ in the nature of Mandamus, or any other writ/ writs or direction/ directions to the respondents to release seized Truck in question
Patna High Court CWJC No.11348 of 2026(2) dt.28-07-2026 2/3 bearing, Registration No. BR24GC9562, Engine No. 42E95467336 and Chassis No. MAT 828048RAE07760 to the petitioner."
3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is willing to pay the penalty amount amounting to Rs. 09,13,090/- imposed by the authority without prejudice to his rights. Learned counsel submits that the petitioner is having a good case and prefers to contest the same before the appropriate authority. However for the present, the petitioner wants release of the vehicle as it is remaining ideal and getting exposed to the vagaries of nature. Further, it is submitted that due to the non- operation of the vehicle the petitioner is unable to earn his livelihood. Learned counsel submits that the petitioner is willing to pay the penalty amount of Rs. 09,13,090/- imposed by the authority provided he may be given an opportunity of paying the same in installments and without prejudice to his rights.
Further, learned counsel for the petitioner submits that in case the truck is released on payment of the fine amount, the petitioner will not alienate the said truck and he shall produce the vehicle as and when required by the respondent authorities or before the competent Court.
4. In view of the above made submissions with the
Patna High Court CWJC No.11348 of 2026(2) dt.28-07-2026 3/3 consent of both the parties, the present writ petition is disposed of permitting the petitioner to pay the penalty amount of Rs. 09,13,090/- in the following manner:
i. Rs. 03,13,090/- will be paid at the time of the release of the vehicle.
ii. The remaining amount of Rs. 6,00,000/- will be paid in three equal installments:- (a) Rs. 2,000,00/- by 10th of September, 2026. (b) Rs. 2,000,00/- by 10th of October, 2026.
(c) Rs. 2,000,00/- by 10th of November, 2026.
5. In case the petitioner fails to abide by any of the conditions imposed or pay the fine amount then the respondent authorities are free to take necessary steps for seizing the vehicle once again and auctioning the same for recovery of the balance penalty amount due.
6. With the above observations, the present writ petition stands disposed of.
(A. Abhishek Reddy , J) Gauravkr/- U