Satyendra Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6878 of 2023 ====================================================== Satyendra Pandey Son of Dhruv Pandey, Resident of Village- Dumra, P.O.- Dumra, P.S.- Kotwa, District- East Champaran at Motihari. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Transport, Govt. of Bihar, Patna.
2.
The Principal Secretary, Department of Transport, Govt. of Bihar, Patna. 3.
The State Transport Commissioner, Govt. of Bihar, Patna. 4.
That District Transport Officer, Muzaffarpur. 5.
The District Mines Officer, Saran at Chapra.
6.
The District Transport Officer, Saran.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar, Advocate For the Respondent/s :
Smt. Anuradha Singh, SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-07-2024 Learned counsel for the petitioner prays for and is allowed to implead the District Transport Officer, Saran as party respondent no.6 in course of the day.
2. Heard the parties.
3. The present application has been preferred for issuance of a writ in the nature of mandamus commanding and directing the respondent authorities to remove the Vehicle bearing registration no. BR 06 GA 4904 from the list of Restricted vehicle online portal of District Transport Office, Muzaffarpur and allowed the petitioner to deposit the registration fee and other charges so that he may legally ply his
Patna High Court CWJC No.6878 of 2023(2) dt.18-07-2024 2/3 vehicle in accordance with the rules and regulation and further the petitioner prays for issuance of such other order or direction for which he may be found legally entitled to in the facts and circumstances of the case as stated herein under.
4. The facts of the case is that Awatar Nagar P.S. Case No. 251/21 was registered under section 379/411 of the Indian Penal Code and section 11/41 of the Bihar Mineral concession Prevention Mining Transportation and Storage Rule, 2019 and 56 Amendment Rule, 2021 and M.M.D.R. Act which resulted into the Truck coming under the list of restricted vehicle in the online portal of the District Transport Officer, Muzaffarpur.
5. From the writ petition, it can be seen that the Driver of the aforesaid truck collided with a motorcycle causing immediate death of its rider and later, the police party were also attacked. Later, the petitioner came to know that a fine of Rs. 86,500/- has been imposed by the office of District Transport Officer, Saran (Annexure-R/A) and since payment has not been made, his vehicle has been blacklisted in the online portal.
6. Learned counsel for the petitioner submits that he is a business man and blocking of his Truck on the portal is affecting the business and in that background, he is ready to pay the amount of Rs. 86,500/-.
Patna High Court CWJC No.6878 of 2023(2) dt.18-07-2024 3/3
7. The learned State Counsel has filed counter affidavit on behalf of the DTO, Saran submits that precisely this has been incorporated in the counter affidavit that as he failed to pay Rs. 86,500/-, his vehicle has been blacklisted. The moment he makes the payment, his vehicle will go of the list of restricted vehicle.
8. Since, the learned counsel for the petitioner undertakes to make payment of Rs. 86,500/-, in case, the same is done and payment is made within four weeks, the DTO, Saran shall ensure that his Truck (as incorporated in para-1) goes out of the restricted list.
9. The writ petition stands disposed of.
(Rajiv Roy, J) Ravi/- U