ORAL JUDGMENT

Date : 26-04-2024 Heard Mr. Krishna Kant Singh, learned counsel appearing on behalf of the petitioner; Mr. Abhinav Ashok, learned AC to GA-7 and Mr. Naresh Dikshit, learned counsel along with Mr. Brij Bihari Tiwari, learned counsel appearing on behalf of the Mines Department.

2. The petitioner has sought for the following relief(s), as prayed for in the para-1 of the writ petition, which are, inter-alia, reproduced hereinafter: (i) For issuance of a writ in the nature of mandamus directing the concerned respondent authorities to forthwith release the Truck No.BR01GL-9422, Chasis No. MAT448022EAG06043 in favour of the petitioner who is the valid owner of the said truck and the concerned respondent authorities have illegally seized the same in connection with Garkha P.S. Case No.262/2023 on the ground that the truck was overloaded and registered the said F.I.R. under section 379/ 411/34 of the I.P.C. and section 21 of the Mines and Minerals (Development & Regulation) Act and under Rule-56 of the Bihar Minerals Concession, Prevention of illegal ( Mining, Transportation and storage) Rule 2019 as neither an F.I.R. is maintainable under the mines act nor the seizure of the