IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.7112 of 2025 ----

Ram Ekwal Prasad, aged about 53 years, Son of Ganga Gop, Resident of Didar Ganj, Patna, P.O Didar Ganj, P.S. Didar Ganj, Bazar Samiti District Patna, Bihar …. …. Petitioner -Versus-

1. The State of Jharkhand

2. Deputy Commissioner, Ramgarh, having its office at Ramgarh, P.O. & P.S.

Ramgarh, District Ramgarh, Jharkhand

3. Assistant Mining Officer, Hazaribag, having its office at Hazaribag, P.O G.P.O., Hazaribag, P.S. Sadar, District Hazaribag, Jharkhand

4. Divisional Forest Officer-cum-Authorised Officer, Ramgarh Forest Division, Ramgarh, having its office at-Ramgarh, P.O. + P.S. +District Ramgarh, Jharkhand.

…. …. Respondents ----

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ----

For the Petitioner : Mr. Abhay Kr. Mishra, Advocate : Ms. Adya Mishra, Advocate For the Respondents : Ms. Rishi Bharti, A.C to AAG-III ----

02/Dated: 11^th December, 2025

1. Heard the parties.

2. The present writ petition has been filed for following reliefs:-

“For issuance of an appropriate writ/writs, Rule/Rules, order/orders, direction/directions, or a writ in the nature of certiorari, for quashing of the order dated 15.03.2024 (Annexure-6) passed by the Learned Court of Deputy Commissioner, Ramgarh in Confiscation Appeal No.36 of 2023, by which the appeal against the order of confiscation of the vehicle of the petitioner has been dismissed.

The petitioner further prays for release of the vehicle bearing Registration No.BR-01GB-7077 in the facts of the present case.”

3. It has been submitted by the learned counsel for the petitioner that a criminal case being Hazaribag Muffassil P.S. Case No.289 of 2017 has been instituted by the respondent No.3 i.e., Assistant Mining Officer, Hazaribag, for the offence under Sections 413, 414 & 34 of the Indian Penal Code, Section 30 (ii) of the Coal Mines Act, Section 33 of the Indian Forest Act, 1927, Section 21 of the MMDR Act, 1957 and Rule 8 of the Jharkhand Minerals Concession Rules, 2007.

4. The present writ petition has been filed for quashing the order dated 15.03.2024 (Annexure-6) passed by the Deputy Commissioner, Ramgarh in Confiscation Appeal No.36 of 2023, whereby, the seized vehicle of the petitioner has been ordered to be confiscated.

5. It has been submitted by the learned counsel for the petitioner that the petitioner is the bonafide owner of the vehicle, in question, bearing Registration No.BR-01GB-7077 which has been seized by the Assistant Mining Officer, Hazaribag. The said vehicle was never involved in any illegal activity.

6. It has further been submitted that the order of confiscation has been passed by the respondent No.4 i.e., the Divisional Forest Officer-cum- Authorised Officer, Ramgarh, Forest Division, Ramgarh in Confiscation Case No.155 of 2018, vide order dated 30.10.2018. Against the said order, the petitioner has preferred an appeal being Confiscation Appeal No.32 of 2018 before the Deputy Commissioner, Ramgarh, but the same has been dismissed vide order dated 06.03.2019. Thereafter, the petitioner has preferred a revision being Revision Case No.14 of 2019 against the order of learned Deputy Commissioner Ramgarh, whereby, the order of the Appellate Authority-cum- Deputy Commissioner, Ramgarh was set-aside and the matter was remitted to appeal being Confiscation Appeal No.36 of 2023 after the remission of the matter and it was observed that no document has been produced by the petitioner and the appeal was dismissed vide order dated 15.03.2024. Against the order of appeal, the present writ petition has been filed.

7. Learned counsel for the petitioner has submitted that as per the mandate of Section 21(4-A) of the Mines and Minerals (Development & Regulations) Act, 1957, only the criminal court taking cognizance of the offence is competent to pass the order of confiscation of the vehicle and no other State Official has such power. In support of his contention, learned counsel for the petitioner has relied upon the judgment dated 08.01