PATNA, India, Nov. 24 -- Patna High Court issued the following judgment on Nov. 1:

Heard the learned counsel for the petitioner, the learned counsel for the State and the learned Spl. P.P. for the Mines Department.

2. This writ petition has been filed for issuance of an appropriate writ/s, order/s, or direction/s to the respondents for release of the J.C.B bearing Registration No. BR-11G-D 2438, Chassis No. RAJ3DXXTJ02833593, Engine No. H00259828 in favour of the petitioner, as the same has been seized by the order of the respondents authority i.e., the District Mining Officer, Purnea.

3. The brief facts of the case are that the petitioner is a registered owner of the J.C.B bearing registration no. BR11-GD 2438 and its Chassis No. RAJ3DXXTJ02833593 and Engine No. H00259828 and the same was being used by the petitioner for commercial activities. On 24.04.2025, the vehicle of the petitioner was being used for lifting the soil/earth from the raiyati land of one Sk. Basir Ahmad under Khata No. 112, Khesra No. 242 Area 1.95 Acre, village Barsauni, P.S. Dagarua, District Purnea. On the same day, the vehicle of the petitioner was seized by the Dagarua police on the order of Mining Officer, Purnea.

4. The learned counsel for the petitioner submits that on 30.04.2025, a challan was issued by the Transport Department under the signature of Dealing Assistant, Purnea by which a penalty amount of Rs. 1,79,849/- (One Lac SeventyNine Thousand Eight Hundred Forty-Nine only) was imposed on the petitioner for the reasons that the vehicle of the petitioner was being utilized without any documents and the petitioner has already deposited the said amount i.e., Rs. 149369 (one lac forty-nine thousand three hundred and sixty-nine only) + Rs. 30,480 (thirty thousand four hundred eighty only).

5. The learned counsel for the petitioner further submits that the vehicle of the petitioner is lying in open sky in the Campus of Dagarua Police Station, District Purnea and because of the same fact the value of the vehicle is deteriorating by each passing day and because of which the government is also facing revenue loss.

6. The learned counsel for the petitioner submits that the Dagarua police wrote a letter vide Gyapank No. 1578 dated 25.04.2025 to the District Mining Officer, Purnea for seeking direction to release the vehicle of the petitioner after due verification but in spite of seeking the aforesaid direction by the police officer, the Mining Officer has failed to give directions to release the vehicle of the petitioner and due to the inaction of the respondent no. 2, the value of the vehicle is deteriorating every day. He further submits that even when the vehicle of the petitioner was not being used in any Mining activities yet on the direction of the District Mining Officer, Purnea, the Dagarua Police seized the vehicle of the petitioner. 7. The learned counsel for the petitioner has further submitted that one interlocutory application has been filed for addition of prayer in the main writ petition for quashing the letter No.408 dated 21.05.2025 issued by Mineral development Officer, Purnea by which a compounding fee/penalty of Rs.10 lacs has been imposed for illegal excavation and transportation of soil/earth by the vehicle in question. However, the learned counsel submits that the Dagarua Police forcibly took away the vehicle of the petitioner without lodging an F.I.R. and preparing a seizure list, even when the vehicle of the petitioner was not used in any mining activities rather the same was being used in leveling the earth of the raiyati land of Sk. Basir for plantation of Makhana.

8. The learned counsel for the petitioner further submits that the vehicle of the petitioner has been seized on false and fictitious allegation as the vehicle has a registration number BR-11-GD 2438.

9. Lastly the learned counsel for the petitioner has submitted that the aforesaid penalty order is illegal as the same has been issued without hearing the petitioner and that there is no evidence that the vehicle of the petitioner was used in illegal mining. Furthermore, the authority which has passed the penalty order, has relied upon the enquiry report dated 25.04.2025 submitted by the Mining Inspector, who has himself stated therein that it is not clear as to whether the land in question is a private or a government land and before submitting the aforesaid enquiry report the petitioner was neither given a notice nor was given an opportunity of being heard. Moreover, the enquiry officer suggested that detailed information regarding the J.C.B. of the petitioner can be taken from the Sub-Divisional Officer, Baisi. Subsequently, in view of the aforesaid suggestion the Senior Deputy Collector cum In-charge Mineral Development Officer, Purnea sent a letter to Sub-Divisional Officer, Baisi vide memo no.325 dated 07.05.2025 to furnish evidence regarding utilization of the vehicle of the petitioner in illegal mining but even before submitting the said enquiry report, the penalty order was passed on 21.05.2025 imposing the penalty mentioned above on the petitioner, although later the Sub Divisional Officer, Baisi submitted enquiry report vide Letter No.1264 dated 29.05.2025 without led evidence.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjODI5MyMyMDI1IzEjTg==-8--ak1--1TLLwfNoY=

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