Research › Search › Judgment

Jharkhand High Court · body

2022 DIGILAW 925 (JHR)

Rajesh Mahtha v. State of Jharkhand

2022-07-27

RAJESH SHANKAR

body2022
ORDER : 1. The present writ petition has been filed for quashing the impugned order dated 03.03.2021 (Annexure-3 to the writ petition) passed by the respondent no. 2-Deputy Commissioner, Bokaro in Confiscation Case No. 07 of 2019-20, whereby the tractors belonging to the petitioners have been directed to be confiscated under the provisions of Jharkhand Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017. Further prayer has been made for issuance of direction upon the respondents to release the aforesaid tractors of the petitioners on furnishing such sureties/securities as the Court may deem fit and proper and within a specified time. 2. At the outset, Mr. Mithilesh Singh, learned GA-IV appearing on behalf of the respondents, raises a preliminary objection with regard to maintainability of the writ petition on the ground that the petitioners have efficacious remedy of filing revision before the Mines Commissioner, Jharkhand under Rule 15(i) of the Rules, 2017 against the impugned order dated 03.03.2021 passed by the respondent no. 2. 3. Having heard learned counsel for the parties and keeping in view that the petitioners have efficacious remedy against the impugned order dated 03.03.2021 passed by the respondent no. 2 by preferring a revision before the Mines Commissioner, Jharkhand in terms with rule 15(i) of the Rules, 2017, I am not inclined to entertain the writ petition on merit at this stage. The petitioner is, however, at liberty to prefer a revision before the Mines Commissioner, Jharkhand. 4. Keeping in view that the vehicles were initially seized on 20.07.2019, if the petitioners prefer revision before the Mines Commissioner, Jharkhand within two weeks from today along with application for condonation of delay, the issue with respect to delay occurred in filing the revision will be considered liberally by the said revisional authority and the same shall be taken up on merit and be disposed of in accordance with law preferably within two months thereafter. 5. The writ petition is dismissed as not maintainable with aforesaid liberty and observation.