Rajeev Ranjan @ Rajiv Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.772 of 2024 ====================================================== Rajeev Ranjan @ Rajiv Ranjan son of Parmatma Singh, Resident of VillageLakhan Tola Pareo, Police Station-Bihta, District-Patna.... ... Petitioner/s

Versus

1.

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

2.

The Mines Commission, Bihar, Patna.

3.

The Collector cum District Magistrate, Bhojpur at Ara. 4.

The District Mining Officer, Bhojpur at Ara.

5.

The Mining Inspector District Mining Office Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Tewary, Adv.

For the Respondent/s :

Standing Counsel 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-09-2024 Heard the parties.

2. The petitioner is making prayer in this writ application for following reliefs.

"i. For issuance of the writ in the nature of mandamus or any appropriate writ order or directing to restrain the respondent No. 3 from conduction Auction of seized vehicle in connection with confiscation case No. 292/2023 and 293/2023 arising out of 241 Koilwar Police Station Case No.

241/2023 dated 27.04.2023 under section 379, 411 and 34 of Indian Penal Code, 11, 39 (ii), 56 (i), 60 (3) Bihar Mineral (CPIMTS) Amendment Rule 2021, Section 4 and 21 of MM (DR) Act 1957 and 3/4 Preventing of Public Property damage Act, bearing Pin No. CAT0320DAFKC00467 and No. CAT 0320DTFKC00301 both Model No.

320d3, AND Machine Name Excavator, Make by Cat for which short term auction notice vehicle has been issued under the signature of the Collector, Bhojpur (Ara) on 08.12.2023.

ii. For issuance of appropriate writ order and direction to release vehicle bearing Pin No. CAT0320DAFKC000467

Patna High Court CWJC No.772 of 2024(2) dt.26-09-2024 2/2 and CAT0320DTFKC00301 both Medel No.

320D3, and Machine Name which belongs to petitioner against which the Auction notice has been issued on 08.12.2023 by the Court of Collector cum District Magistrate Bhojpur (Ara). Excavator iii. For issuance any other relief or reliefs which deems fit and proper under the fact and circumstances of this case."

3. Learned counsel for the petitioner submits that there is provision for appeal, as such, he may be granted to file appeal.

4. Granting said liberty and without making any comment on the merit of the case, the writ petition stands disposed of.

(Rajiv Roy, J) perwez U