Abhisek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3201 of 2023 ====================================================== Abhisek Kumar Singh son of Ram Pravesh Singh At- Madhurapur Delawar Gobardan, P.S.- Bidupur, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Bihar, Patna. 2.

The Bihar State Transort Commissioner, Bihar, Patna. 3.

The District Transport Officer, Begusarai.

4.

The District Transport Officer, Nawada.

5.

The District Transport Officer, Banka.

6.

The District Transport Officer, Vaishali at Hajipur. 7.

The Motor Vehicle Inspector, Banka.

8.

The Motor Vehicle Inspector, Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rana Ishwar Chandra For the Respondent/s :

Mr.Sarvesh Kumar ( Gp 24 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-04-2023 The petitioner's vehicle, which has been proceeded against under various provisions of the Motor Vehicles Act, 1988 has been blacklisted.

A reading of the counter affidavit shows that the petitioner from year 2020 was issued with penalty orders five times and two of such penalties have not been paid till date. The pending penalties are with respect to Challan of Rs. 40,500/- imposed by ESI, Nawada on 10.09.2021 and also MVI, Banka

Patna High Court CWJC No.3201 of 2023(4) dt.24-04-2023 2/2 of Rs. 90,500/- on 25.09.2021.

The petitioner prays that he would pay the amount in installments.

Learned State Counsel informs us that there is no provision under the Act for the authorities to grant installment. In any event, since the petitioner is willing to pay the penalty in three installments, we direct the petitioner to pay the due amounts which is Rs. 1,31,000/- within a period of 3 months starting from 28.04.2023 and followed up on 28.05.2023 and 28.06.2023 in equal monthly installments. If there is any liability of interest under the statute, the appropriate authority shall inform the quantum required to be paid as interest which shall be paid on 28.07.2023. On payment of such installments, the blacklisting shall be lifted. Writ petition stands disposed of.

(K. Vinod Chandran, CJ) (Madhuresh Prasad, J) M.E.H/uttam/- U