Advocates:
['Avinash Chandra', '', 'Apurva Kumar', 'Gyan Prakash Ojha GA']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13054 of 2022

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Rajesh Kumar (Male), aged about 39 years, S/o Shri Ramdutta Sharma

Resident of 132, C.D.A. Colony, East of Shiv Mandir, Shastri Nagar, L.B.S.

Nagar, Police Station- Sashtri Nagar and District- Patna, Bihar 800023.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Mines and

Geology, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Home, Government of Bihar, Patna.

3.

The District Magistrate, Arwal.

4.

The Superintendent of Police, Arwal.

5.

The Mineral Development Officer, Arwal.

6.

The S.H.O. Karpi Police Station, Arwal.

7.

The Officer-in-charge, Shahar Telpa, O.P., Police Station- Karpi, Arwal.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mrs. Namrata Mishra, Advocate

Mr. Avinash Chandra, Advocate

Mr. Apurva Kumar, Advocate

For the Mines

:

Mr. Naresh Dixit, SP. PP Mines

Ms. Kalpana, Advocate

For the State

:

Mr. GP Ojha, GA 7,

Mr. Abhishek Singh, AC to GA 7

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 18-10-2022

Petitioner has prayed for the following relief(s):-

“(1) For direction to the respondents

to release the truck of petitioner bearing

registration no. BR01-GA-9950 which has been

firstly seized by the police personnel of Shahar

Telpa O.P. of Police Station - Karpi, Arwal

thereafter seized by respondent no. 5 on false

Patna High Court CWJC No.13054 of 2022 dt.18-10-2022

2/3

allegation of “Over Load”.

(ii) For direction to respondent

authorities to follow the instructions given by

the Department of Transport, Government of

Bihar through letter vide memo no. 8164 dated

07.11.2019 undersigned by Deputy Secretary,

Department of Transport, Government of Bihar,

Patna. (Annexure-9)

(iii) For direction to respondent no.

1 and 2 to take necessary departmental action

against respondent no. 5 and Policemen of

Shahrtelpa O.P. for not following the guidelines

given by the State of Bihar. (Annexure 9)

(iv) For direction to the respondents

to issue official letter to all the authorized stone

queries and sand mines and give a direction to

measure the volume of material whereas at

present it is a common practice that mining

stations measures laden weight in Kilo Gram

and then they divide the total quantity by 40 and

the result is considered as volume of material

which is not correct always.

(v) For direction to the respondent

authorities to either measure the volume of laden

quantity in actual or volumetric figure be

removed from the Mining Transit Pass/Chalan.

(vi) For direction to respondent

authorities to pay compensation to the petitioner

for illegal confinement of his commercial

vehicle.

(vii) For any further relief/reliefs,

direction/directions, or order/orders which are

found admissible during the course of

arguments.”

Shri Naresh Dikshit, learned Special P.P., Mines,

states that within next five working days, the petitioner’s request

for release of the vehicle, more so in terms of the circular

(issued by the State Government), allowing weightage to the

Patna High Court CWJC No.13054 of 2022 dt.18-10-2022

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extent permissible of excess weight of the goods over and above

the ladden weight of the vehicle would positively be considered

and decided.

Statement accepted and taken on record.

Ordered accordingly.

Petition is disposed of in the aforesaid terms.

Liberty reserved to the petitioner to agitate the issue,

should the need so arise.

K.C.Jha/-DKS

(Sanjay Karol, CJ)

( S. Kumar, J)

AFR/NAFR

CAV DATE

Uploading Date

19.10.2022

Transmission Date