Vishndev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19737 of 2024 ====================================================== Vishndev Singh Son of Vishwanath Singh, Resident of Village-Khilwat, Ward No. 04, Police Station-Biddupur, District-Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Director of Mining and Geology Department, Government of Bihar, J34M 2WC, Vikash Bhawan, Bailey Road, Patna.

3.

The District Mining Officer, Nalanda.

4.

The State Transport Commissioner, Bihar, Patna. 5.

The District Transport Officer, Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rana Ishwar Chandra, Advocate For the State :

Mr. Dr. Raisul Haque, SC- 10 For the Mines :

Mr. Naresh Dikshit, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-02-2025 Heard Mr. Rana Ishwar Chandra, learned counsel for the petitioner, Dr. Raisul Haque, learned counsel for the State and Mr. Naresh Dikshit, learned counsel for the Mines Department.

2. The present writ petition has been filed for the following reliefs:- (I) For commanding and direction the concerned Respondents to release of Truck No. BR01GA6695, which belongs to this petitioner.

(II) For commanding and directing the relevant respondents to realise penalty

Patna High Court CWJC No.19737 of 2024(3) dt.25-02-2025 2/3 and fine in easy instalments.

(III) For such other relief(s), for which, the petitioner may be found entitled in the facts and circumstances of this case.

3. Learned counsel for the petitioner submits that truck of the petitioner bearing Registration No. BR01GA6695, was seized by the police party on the allegation that the said truck was loaded with stone without having any proper challan along with another 22 trucks and when the petitioner approached the concerned respondent for the relevant documents the petitioner was served with E-Challan which suggest that the petitioner is required to deposit a penalty to the tune of Rs. 2,47,850/- (Two lakh, forty seven thousand, eight hundred and fifty).

4. Learned counsel for the petitioner submits that he intends to deposit the aforesaid amount in four installments. He further submits that if the petitioner deposit the aforesaid amount in four installments, then the authority concerned may release the truck in question, bearing registration no. BR01GA6695, in favour of the petitioner. The petitioner is also required to deposit Rs. 56,500 if he is liable to pay the same.

5. Having heard learned counsel for the parties and submission made on behalf of the counsel for the petitioner, I am inclined to accept the submission made on behalf of the

Patna High Court CWJC No.19737 of 2024(3) dt.25-02-2025 3/3 petitioner.

6. The petitioner is directed to pay Rs. 2,47,850/- (Two lakh, forty seven thousand, eight hundred and fifty) in four equal installments and the Mines Department is directed to release the vehicle in question in favour of the petitioner forthwith after receiving the aforesaid four installments.

7. With the aforesaid direction, the writ petition stands allowed.

(Rajesh Kumar Verma, J) Suruchi/- U