Sandeep Kumar, J.—Heard learned counsel for the petitioner, learned counsel for the Mining Department and the State.

2. The present writ petition is preferred assailing the order dated 26.08.2022 passed by the Mines Commissioner as well as the order dated 11.10.2021 passed by the Collector-cum-District Magistrate, Kaimur at Bhabua in vehicle confiscation case no. 01of 2021 whereby the truck bearing registration No. RJ-52GA-3747, belonging to the petitioner was confiscated and direction for its auction were passed.

3. The petitioner has prayed for the following reliefs:—

(i) To issue an appropriate writ preferably in the nature of Certiorari for setting aside the order dated 26.08.2022 communicated through memo no.4432, dated 01.09.2022 passed by the mines Commissioner, mines and Geology Department Government of Bihar in Vehicle Confiscation Appeal No.01 of 2021 by which the petitioner had been directed to deposit sum of Ra 2,53,750/- by 02.09.2022 failing which the order of Collector Kaimur at Bhabua would be deemed to be upheld.

(ii) To issue an appropriate writ Preferably in the nature of Certiorari for setting aside order dated 11.10.2021 passed by the Collector-Cum-District the Magistrate, Kaimur Bhabua in vehicle Confiscation (Mining) Case No.01 of 2021 by which the Truck of the petitioner bearing Registration No.RJ52GA-3747, Chesis, No. MAT447224F3K22848, Engine No. B51803251K63475147 has been Confiscated and the mines Development Officer, Kaimur has been directed to auction the said Truck of the petitioner.

(iii) To issue an appropriate writ Preferably in the nature of mandamus Commanding up on the respondent authorities to forthwith release the Truck of the Petitioner bearing Registration No.RJ52GA-3747 in favour of the petitioner.

4. The brief facts relevant for the present purpose is that the instant petitioner asserts himself to be the owner of the truck in question bearing registration No. RJ- 52GA-3747 and the same was used in transportation of goods. It is the case of the petitioner that when the aforesaid truck, loaded with sand, was enroute from Dehri-on-sone, the truck was caught and seized. Upon seizure, the Respondent no. 08 - District Mines Officer, Rohtas has imposed a fine of Rs. 46,000/- for illegal transportation of sand, which was deposited by the petitioner on 29.06.2021. Subsequently the Assistant Director, Mines and Geology, Rohtas vide his letter dated 29.09.2021 had ordered the Officer-in-Charge, Dehri (T) Police Station to release the truck in favour of the petitioner. The District Transport Officer, Rohtas has also imposed a fine of Rs. 40,500/- which too was deposited by the petitioner on 30.06.2021. The truck of the petitioner was released on 04.07.2021.

5. It is the further case of the petitioner, that in the night of 04.07.2021, the truck of the petitioner was released and the driver of the truck took the same from the Dehri (T) Police Station. On road, the aforesaid truck experienced some mechanical issues, therefore the driver of the truck went to seek a mechanic to fix the issue, when the driver returned, he learnt from the locals that the District Mines Officer, Kaimur had taken the said truck to Mohania Check-post. On the very same day, the petitioner and his driver went to the aforesaid check- post and explained the situation, and were assured that the said vehicle would be released after verifying the veracity of the facts as stated by the petitioner. Subsequently, when on 13.07.2021 when the petitioner went to meet with the District Mines Officer, Kaimur, it is submitted that the petitioner was threatened that an F.I.R would be lodged against him. It is also submitted that the petitioner had filed a Miscellaneous Case No. 01 of 2021 for release of his vehicle.

6. The learned counsel has submitted that the vehicle of the petitioner was proceeding towards Kudra, Kaimur when it suddenly had a mechanical snag/breakdown, and while the same was parked at the flank of the road, the vehicle of the p