Disposed¶29

Dhaneshwar Bhagat v. The State of Bihar

Patna HC8 Apr 2025CWJC/4271/2025

Case brief

AI extract

What is this about?

Release of confiscated truck BR11GB6383; District Mining Officer, Madhepura; violation of Bihar Mineral Rules, 2019; penalty/fine Rs. 2,95,625/-; deposit in two installments within three months; crushed stone transported from Dumka, Jharkhand to Saharsa, Bihar; Mines Department no objection; writ petition disposed of; Patna High Court; Justice Rajesh Kumar Verma; order dated 08-04-2025; CWJC No.4271 of 2025.

What did the court decide?

Writ petition disposed of with direction to the District Mining Officer, Madhepura to release truck bearing Registration No. BR11GB6383 after receipt of the first installment of the fine of Rs. 2,95,625/-, payable in two installments within three months, failing which the DMO may take appropriate action in accordance with law. ¶29

Dhaneshwar Bhagat Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶29

Issue for consideration

Whether the District Mining Officer, Madhepura should be commanded to release the petitioner's truck bearing Registration No. BR11GB6383, confiscated for alleged violation of the Bihar Mineral Rules, 2019, the petitioner being willing to pay the imposed penalty of Rs. 2,95,625/-. +1 more

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Court's answer

The District Mining Officer, Madhepura (Respondent No.5) is directed to release the petitioner's vehicle bearing Registration No. BR11GB6383 after receiving the first installment of the fine, which the petitioner undertook to deposit in two installments within three months before the District Mining Officer, Madhepura, to which the Mines Department raised no objection.

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Ratio / Principle

If the petitioner does not deposit the second installment within the stipulated time (two installments within a period of three months), the District Mining Officer, Madhepura is directed to take appropriate action against the petitioner in accordance with law.

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Detailed headnote1 paragraphs

Patna High Court (Rajesh Kumar Verma, J.), by order dated 08-04-2025, disposed of Civil Writ Jurisdiction Case No.4271 of 2025. The petitioner, owner of a truck (Regn. No. BR11GB6383) carrying crushed stone from Dumka (Jharkhand) to Saharsa (Bihar), challenged its confiscation by the District Mining Officer, Madhepura for violation of the Bihar Mineral Rules, 2019, whereby a total penalty of Rs. 2,95,625/- was imposed. The petitioner offered to deposit the fine in two installments within three months; the Mines Department raised no objection. The Court directed the DMO, Madhepura to release the vehicle after receiving the first installment, and directed that if the second installment is not deposited within the stipulated time, appropriate action be taken against the petitioner in accordance with law.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4271 of 2025

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======================================================

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Dhaneshwar Bhagat Son of Ramotar Bhagat Resident of Ward No.- 16, Teliyaghat, Sarbeila, P.S.- Banma, Ithari, District- Saharsa.

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... ... Petitioner/s

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Versus

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The State of Bihar through its Chief Secretary, Govt. of Bihar, Old Secretariat, Patna, Bihar.

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The Secretary, Department of Mines and Geology, Vikash Bhawan, Bailey Road, Patna, Bihar- 800014.

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The Additional Secretary, Department of Mines and Geology, Government of Bihar, Patna, Vikash Bhawan, Bailey Road, Patna, Bihar- 800014.

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The Secretary, Department of Finance and Commerce, Government of Bihar, Old Secretariat, Patna, Bihar.

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The District Mining Officer, Madhepura, Collectoriate Madhepura, Bihar.

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The District Magistrate, Madhepura, Collectoriate, Madhepura, Bihar.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar Pandey, Advocate For the State : Mr. Md. Irshad, AC to SC-1 For the Mines : Mr. Naresh Dikshit, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 08-04-2025

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Heard Mr. Abhishek Kumar Pandey, learned counsel

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for the petitioner, Mr. Md. Irshad, learned counsel for the State and Mr. Naresh Dikshit, learned counsel for the Mines Department.

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The present writ petition has been filed for the following reliefs:-

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(i) For commanding respondent for release of the Truck bearing registration No. BR11GB6383 which has been confiscated by the District Mining Officer, Madhepura,

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Patna High Court CWJC No.4271 of 2025(2) dt.08-04-2025

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2/3

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wherein the reason has been recorded that the Petitioner has violated the terms of Bihar Mineral Rules, 2019 and in pursuant thereof total Penalty of Rs. 2,95,625/- (Two Lakh Ninety-Five Thousand Six Hundred Twenty Five only) has been imposed on the Petitioner and the Petitioner is ready to pay the said amount in six installment.

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(ii) For directing the commanding respondent forthwith not to do auction of confiscated Truck bearing registration No. BR11GB6383 till disposal of this Writ Application.

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(iii) Further for any other relief/s for which the Petitioner be found entitled in the eye of law.

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Learned counsel for the petitioner submits that petitioner is the owner of the truck bearing Registration No. BR11GB6383. The petitioner was carrying the crushed stone from Dumka, Jharkhand for construction of his house at Saharsa, Bihar and during the transportation of the crushed stone the said truck has been confiscated by the District Mining Officer, Madhepura reason recorded the petitioner has violated the terms of Bihar Mineral Rules 2019 and in pursuant thereof total penalty of Rs. 2,95,625/- (Two Lakh Ninety Five Thousand Six Hundred Twenty Five only) has been imposed on the petitioner.

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Patna High Court CWJC No.4271 of 2025(2) dt.08-04-2025 3/3

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Learned counsel for the petitioner submits that the petitioner is ready to deposit Rs. 2, 95, 625/- as a fine before the District Mining Officer, Madhepura in two installments within a period of three months.

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Learned counsel for the Mines Department submits that he has no objection if the petitioner is ready to deposit the fine amount before the concerned authority.

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In view of the aforesaid, District Mining Officer, Madhepura (Respondent No.5) is directed to release the vehicle of the petitioner bearing Registration No. BR11GB6383, after receiving first installment and if the petitioner does not deposit the second installment within the stipulated time as mentioned above, District Mining Officer, Madhepura (Respondent No.5) is directed to take appropriate action against the petitioner, in accordance with law.

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With the aforesaid direction, the writ petition stands disposed of.

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(Rajesh Kumar Verma, J)

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Suruchi/-

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Dhaneshwar Bhagat v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dhaneshwar Bhagat v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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