JUDGMENT :

Arun Kumar Jha, J.

The petitioner has filed the present writ petition seeking following reliefs :

“(i) For issuance of an appropriate writ(s), order (s) or direction (s) in the nature of mandamus or any other writ(s) order(s direction(s) to the respondent authorities to release the vehicle i.e. 12- wheeler Truck bearing registration no. BR01GL9906 in favour of the petitioner as seized by respondent no.5-Mines Inspector, Motihari vide memo of seizure dated 08.11.2023 and further taken into the custody of SHO, P.S.- Sangrampur i.e. respondent no.6 under actions prescribed in Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Rules, 2021.

(ii) For issuance of appropriate writ(s), order(s) or direction(s) in the nature of mandamus or any other writ(s) order(s) direction(s) to the respondent authorities to cancel the letter dated 27.11.2023 whereby which the respondent no. 3 has imposed penalty in order to get the vehicle released.

(iii) For issuance of appropriate writ(s), order(s) or direction(s) in the nature of mandamus or any other writ(s) order(s) direction(s) to the respondent authorities to pay the damages or compensation for the loss so suffered by the petitioner due to the illegal actions of the respondents as it has affected the business of the petitioner as well as deteriorated the value of the vehicle.

(iv) For issuance of any other writ(s) order(s) or direction(s) as the petitioner is entitled to.

2. Briefly stated, the facts giving rise to the present writ petition are that the petitioner is stated to be the owner of a 12 wheeler Truck bearing registration no. BR-01GL-9906 with Chassis No. MAT466388G3G55989 and Engine No. 61G68352458. The petitioner is engaged in transportation business. The petitioner claims that he possessed a valid challan dated 05.11.2023 issued by the Government of Bihar, explicitly authorizing the transportation of yellow sand weighing 22.70 metric tonnes equivalent to 567.50 CFT in volume.

3. Further case of the petitioner is that during a routine inspection, the truck of the petitioner was inspected by the Mines Inspector, Motihari and further weighed as 34.695 MT in gross which was found within the permissible limit for transportation. However, the loaded vehicle was seized by the Mines Inspector and later sent to the custody of SHO, Sangrampur without any valid reason. The said vehicle has the valid permit laden limit of 35,000 Kg (35MT) in total and the vehicle with load was found well within the permissible weight limit. Even then, the Mines Development Officer, vide letter dated 27.11.2023, under Rule 56(4) of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage) Amended Rules, 2021 (hereinafter to be referred as 'Rules, 2021'), directed the petitioner to pay penalty of Rs. 2,65,596/- within thirty days.

4. The learned counsel for the petitioner submitted that the concerned respondent has arbitrarily seized the vehicle of the petitioner, who is the bonafide owner of the vehicle in question and is engaged in the business of transportation. For carrying sand on the said vehicle, the petitioner has got a valid challan and the driver was carrying the same.

5. The learned counsel further submitted that at the time of issuance of challan, the empty truck (unladen) was weighed as 11.49 MT and after loading of yellow sand, it was weighed as 34.19 MT in total, which was within the permissible limit of 35MT as mentioned in the goods permit issued by the Transport Department, Bihar.

6. The learned counsel further submitted that in view of Rule 56 of the Rules, 2021, the officers are empowered to seize the vehicle if it is found without a valid challan or permit, in accordance with law. However, in the instant case, the gross vehicle weight was found to be well withing the permissible limit and yet the respondent authorities, in hope of illegal gratification, wrongly seized the vehicle and taken it into custody.

7. The learned counsel