Sandeep Kumar, J.—

Ref:- I.A. No. 01 of 2025

This Interlocutory Application has been filed for amending the relief sought in paragraph no.1 of the writ application by adding the following reliefs:—

“(v) To issue an appropriate writ, order or direction in the nature of certiorari for quashing the letter no 2016/M, Patna dated 16.09.2025 issued under the signature of Mining Development Officer, Patna (Respondent No.5), whereby and whereunder the Respondent No.5 has asked the petitioner to deposil Rs.1,11,688/- (Rupees One Lac Eleven Thousand Six Hundred Eighty-Eight) as penalty and value of the mineral.

(vi) To issue an appropriate writ, order, or direction in the nature of mandamus for provisional release of the tractor of the petitioner along with its trailer loaded with sand, during pendency of the writ application.”

2. For the reasons mentioned in the interlocutory application, I.A. No. 01 of 2025 stands allowed. The prayer sought by filing this interlocutory application shall be treated to be a part of the main writ petition.

Ref:- C.W.J.C. No . 11832 of 2025

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

2. The writ petition has been filed seeking the following relief(s):—

(i) To issue an appropriate writ, order or direction in the nature of mandamus commanding the concerned Respondent to release the Tractor of the Petitioner bearing Registration No. BR04GB6381, which has been illegally and unauthorisedly seized by the Respondent No.6, on 02.06.2025, on the false allegation of being overloaded with sand.

(ii) To issue an appropriate writ, order or direction in the nature of mandamus directing the Respondents to make good the loss and provide adequate compensation for the losses suffered by the petitioner on account of illegal seizure of the aforesaid Tractor of the Petitioner.

(iii) To issue an order or direction to the Respondents to pay the cost of litigation incurred in filing of the present writ application to the Petitioner.

(iv) To grant any other relief or reliefs which the Petitioner may be found entitled to, in the facts and circumstances of the case

(v) To issue an appropriate writ, order or direction in the nature of certiorari for quashing the letter no 2016/M, Patna dated 16.09.2025 issued under the signature of Mining Development Officer, Patna (Respondent No.5), whereby and whereunder the Respondent No.5 has asked the petitioner to deposil Rs.1,11,688/- (Rupees One Lac Eleven Thousand Six Hundred Eighty-Eight) as penalty and value of the mineral.

(vi) To issue an appropriate writ, order, or direction in the nature of mandamus for provisional release of the tractor of the petitioner along with its trailer loaded with sand, during pendency of the writ application.

3. The brief facts of the case are that the petitioner is the lawful owner of Tractor bearing Registration No. BR04GB6381 and his livelihood is dependent upon the income he earns from the Tractor. On 02.06.2025, the aforesaid Tractor of the petitioner was carrying sand, of which he had requisite challan bearing No. 26 and as per the said challan, permission was to carry 100 Cft of sand weighing 4 Mt and the aforesaid Tractor was carrying sand within the permissible limit as given in the aforesaid Challan. During transit near Bihta, the Tractor was stopped by the police and upon asking the driver, he showed the relevant documents. However, without any rhyme or reason, the police seized the tractor of the petitioner on the false accusation of being overloaded, without verifying the weight and quantity of the sand. Further, no seizure memo was given to the driver after seizing the tractor. Upon asking, the driver was told to visit the police station by the police personnel who had seized the Tractor. Thereafter, the petitioner visited the Bihta Police Station where he was informed that his tractor was found to be overloaded with sand and thus the police seized the Tractor of the petiti