Siyaram Singh Vs The State of Bihar through The Addtional Chief Secretary (Acs)

Appearance : For the Petitioner/s : Mr. Ramchandra Singh, Advocate For the Respondent/s : Mr. Government Pleader-20 For the Mines Deptt. : Ms. Kalpana, Advocate

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER

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4 05-08-2025 Heard learned counsel for the petitioner and learned counsel for the Mines Department.

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This writ application has been filed by the petitioner challenging the E-challan dated 28.04.2025 issued by the District Mining Officer, Sasaram, Treasury- Sasaram by which a penalty of Rs.9,40,529/- has been imposed on the petitioner on account of overloading of his truck bearing Registration No. UP67AT2708, Engine No. ISB5.

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Patna High Court CWJC No.8260 of 2025(3) dt.05-08-2025 2/4

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9B4S180T181D637295 and Chasis No. MAT541109J1J28239, which was seized on account of overloading.

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Learned counsel for the petitioner submits that from the letter dated 02.03.2025 which has been issued by the Mining Inspector, Rohtas to the S.H.O., Chenari, P.S. It is manifest that the truck in question was seized on account of overloading. In the counter affidavit filed by the Mines Department also, it has been admitted that the truck in question was seized on account of being overloaded.

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From the perusal of the letter dated 28.04.2025 (Annexure-P/4) issued by the Mines Inspector, Rohtas, it is clear that the imposition of penalty has been done in terms of Rule56(2) as amended of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.

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Learned counsel for the petitioner submits that the calculation of the penalty is wrong and as per the amended Rule-56(2) of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019, if proper calculation had been made for overloading then such a huge amount of penalty could not have been imposed.

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Learned counsel appearing for the Mines Department admits to the fact that the truck in question was

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Patna High Court CWJC No.8260 of 2025(3) dt.05-08-2025 3/4

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seized because of being overloaded. Learned counsel for the Mining Department further submits that the matter may be remanded back to the District Mining Officer, Sasaram for a fresh calculation of penalty in terms of the amended Rule-56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019.

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For the reasons as stated and particularly taking note of the submission made by the learned counsel appearing for the Mines Department as well as for the petitioner, the impugned order dated 28.04.2025 (Annexure-P/4) by which a penalty of Rs.9,40,529/- has been imposed on the petitioner is hereby quashed and the matter is remanded back to the District Mining Officer, Sasaram (Respondent No.3) to calculate the penalty amount afresh in light of the amended Rule-56(2) of the Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019. The fresh calculation of penalty must be carried out within 15 days from the date of this order and the petitioner undertakes to deposit the penalty calculated afresh further within a period of 15 days. The moment the petitioner deposits the a fresh calculated penalty amount, within one week thereafter, the seized vehicle should be released in favour of the petitioner.

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Patna High Court CWJC No.8260 of 2025(3) dt.05-08-2025 4/4

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With the aforesaid observation and direction the present writ application stands allowed to the aforesaid extent. All pending I.As, if any shall be deemed to have been disposed of.

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(Alok Kumar Sinha, J)

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Prakash Narayan U

Siyaram Singh v. The State of Bihar through The Addtional Chief Secretary (Acs)

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Siyaram Singh v. The State of Bihar through The Addtional Chief Secretary (Acs)

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