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Digitally 2026:CGHC:21933

signed

by

SHAYNA

KADRI NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 2341 of 2026

1 - Smt. Sunita Rathore W/o Shri Murli Rathore Aged About 43 Years

R/o Village- Dongiya Portha Police Station And Tahsil Sakti, District-

Sakti (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary Department Of

Mineral Resources Mantralaya Mahanadi Bhawan Nava Raipur Atal

Nagar, District- Raipur (C.G.)

2 - Collector Sakti District- Sakti (C.G.)

3 - District Mining Officer Mining Department , District- Sakti (C.G.)

4 - Officer - In - Charge Police Station Hasoud District Sakti (C.G.)

... Respondent(s)

(Cause Title is taken from CIS System)

For Petitioner : Mr. Ramesh Nayak, Advocate

For State : Mr. Shobhit Mishra, Dy. Govt. Advocate

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Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

11/05/2026

1. The present writ petition has been filed by the petitioner

challenging the seizure and continued detention of commercial

vehicles bearing registration Nos. CG 11 BV 9995 and CG 12 BG

1560 by the Mining Department and seeking their release from

custody. By way of the present petition, the petitioner has prayed

for following reliefs:

“10.1 That, the Hon'ble Court be

pleased to direct the respondents to

place all the records of the case for kind

perusal of the Hon'ble Court.

10.2 That, the Hon'ble Court be pleased

to issue a direction to the Respondents

to immediately release the vehicles

bearing registration numbers CG 11 BV

9995 and CG 12 BG 1560 currently

detained at Police Station Hasoud,

District Sakti.

10.3 That, the Hon'ble Court be pleased

to issue an direction to the

Respondents to pay a sum of at least

Rs. 2.00 Lakh (Rupees Two Lakhonly)

as compensation to the Petitioner for

the illegal seizure, financial loss, and

mental harassment caused by the

arbitrary actions of the Mining

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Department.

10.4 That, the Hon'ble Court be pleased

to restrain the Respondents from taking

any further coercive action against the

Petitioner's vehicles in the absence of a

verified violation of the law.

10.5 That, the Hon'ble Court be pleased

to grant any other relief which this

Hon'ble Court deems fit including the

cost of litigation to the petitioner from

the Respondents for the mental agony

and harassment.”

2. Facts of the case, as projected, are that the petitioner is a small-

scale entrepreneur engaged in the business of transportation of

minerals and other goods for earning her livelihood. According to

the petitioner, she is the owner of commercial vehicles bearing

registration Nos. CG 11 BV 9995 and CG 12 BG 1560, which are

stated to be the sole source of income for the petitioner and are

presently under hypothecation with Axis Bank Ltd. and

Cholamandalam Investment & Finance Company Ltd.

respectively. It is further the case of the petitioner that vehicle

bearing registration No. CG 11 BV 9995 was purchased vide Tax

Invoice dated 10.02.2026 and vehicle bearing registration No. CG

12 BG 1560 is also duly registered and financed through a

financial institution. According to the petitioner, both the vehicles

were being operated through duly licensed drivers possessing

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valid driving licences issued by the competent authority. The

petitioner has further averred that on 21.04.2026, vehicle No. CG

11 BV 9995 had gone to Marghatti Sand Ghat for collection of

sand and at the relevant time the vehicle was empty and was

allegedly carrying a valid Mineral Transit Pass bearing No.

9956515 issued in favour of the lease holder. Similarly, on the

same date, vehicle No. CG 12 BG 1560 was also allegedly seized

by the Mining Department while it was empty and was

accompanied by a valid Mineral Transit Pass bearing No.

9956516. According to the petitioner, despite the vehicles being

empty and despite possession of valid royalty passes, the Mining

Department illegally seized the vehicles and thereafter the same

were kept at Police Station Hasoud. It is further stated that the

petitioner submitted affidavits and thereafter a detailed

representation dated 28.04.20