Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.267 of 2023 In Civil Writ Jurisdiction Case No.16905 of 2022 ====================================================== Rajesh Kumar Son of Shri Ramdtta Prasad Sharma, Resident of 132, C.D.A. Colony, East of Shiv Mandir, Shastri Nagar, L.B.S. Nagar, Police Station - Sashtri Nagar and District - Patna, Bihar 800023. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Mines and Geology, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 3.

The District Magistrate, Arwal.

4.

The Superintendent of Police, Arwal.

5.

The Mineral Development Officer, Arwal.

6.

The S.H.O. Karpi Police Station, Arwal.

7.

The Officer-in-Charge, Shahar Telpa O.P., Police Station- Karpi, Arwal. 8.

Navendu Singh, (Fathers name not known to the Petitioner), Mineral Development Officer, Arwal, District Mining Office in the District of Arwal Pin Code-804401, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avinash Chandra, Advocate For the Opposite Party/s :

Mr. Gyan Prakash Ojha, GA 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-10-2025 The petitioner has filed the instant application for the following reliefs:

"i) For setting aside the order dated 20.10.2022 passed by Mineral Development Officer, Arwal vide memo no.

1134.

(ii) For direction to the respondents to release the truck of petitioner bearing registration no. BR01-GA-9950 which has been firstly seized by the police personnel of Shahar Telpa O.P. of

Patna High Court C. REV. No.267 of 2023(4) dt.10-10-2025 2/3 Police Station Karpi, Arwal thereafter seized by respondent no. 5 on false allegation of "Over Load".

(iii) For direction to respondent authorities to follow the instructions given by the Department of Transport, Government of Bihar through letter vide memo no. 8164 dated 07.11.2019 undersigned by Deputy Secretary, Department of Transport, Government of Bihar, Patna.

(iv) For direction to respondent no. 1 and 2 to take necessary departmental action against respondent no. 5 and Policemen of Shahrtelpa O.P. for not following the guidelines given by the State of Bihar.

(v) For direction to the respondents to issue official letter to all the authorized stone queries and sand mines and give a direction to measure the volume of material whereas at present it is a common practice that mining stations measures laden weight in Kilo Gram and then they divide the total quantity by 40 and the result is considered as volume of material which is not correct always.

(vi) For direction to the respondent authorities to either measure the volume of laden quantity in actual or volumetric figure be removed from the Mining Transit Pass/Chalan.

(vii) For direction to respondent authorities to pay compensation to the petitioner for illegal confinement of his commercial vehicle.

Patna High Court C. REV. No.267 of 2023(4) dt.10-10-2025 3/3 (viii) For any further relief/reliefs, direction/directions, or order/orders which are found admissible during the course of arguments."

2. Mr. Avinash Kumar, learned counsel for the petitioner seeks permission to withdraw this application.

3. This application is dismissed as withdrawn. (Partha Sarthy, J) Bibhash U