Shashi Ranjan Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20504 of 2021 ====================================================== Shashi Ranjan Azad S/o Kameshwar Sharma Resident of Village- Kansopur, P.S.- Paliganj, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Transport, Bihar, Patna. 3.

The Regional Transport Officer, Bangra, P.S.- Tajpur, District- Samastipur. 4.

The District Transport Officer, Samastipur.

5.

The Officer-In-charge, Champanagar, Samastipur. 6.

The Manager, Mayur Paints, Resident of Kamarjee-Gaurichak, P.S.- Gaurichak, District- Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Sarvesh Kumar, G.P.-24 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential ofÏces/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/ofÏces.) ======================================================= Date : 09-02-2022 Heard learned counsel for the parties.

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

Patna High Court CWJC No.20504 of 2021 dt.09-02-2022 2/3 In our considered view, the present petition is totally misconceived. As an owner of the vehicle, it is the petitioner's duty to ensure that the vehicle, be it a goods carrier vehicle or a private vehicle is permitted to be driven on public roads, in compliance with law.

Petitioner allowed his vehicle to be used for carrying goods belonging to third party. The said vehicle was found to be

Patna High Court CWJC No.20504 of 2021 dt.09-02-2022 3/3 overloaded and as such was challaned with imposition of fine. The vehicle release has to be not by this Court, but by the Court entitled to release of the same.

The issue as to whether petitioner's vehicle was illegally seized or not, for which petitioner is claiming compensation, is something which the petitioner is to establish in appropriate proceedings for which liberty is granted.

In view of the above, petition is disposed of reserving liberty to the petitioner to take appropriate action, in accordance with law.

Interlocutory Application, if any, shall stand disposed of. (Sanjay Karol, CJ) (S. Kumar, J) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 21.02.2022 Transmission Date