Calcutta High CourtWPA/5857/2025allowed

Rinki Verma And ANR. v. State Of West Bengal And ORS.

2025-03-24Hon'Ble Justice Rai Chattopadhyay2 pages

Item No. 34 24.3.25 In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side.

WPA 5857 of 2025 Smt. Rinki Verma & Anr.

Vs.

The State of West Bengal and Ors.

Mr. Phatick Chandra Das .... For the Petitioners. Mr. Supratim Dhar Mr. T. Sinha ... For the State. Mr. Sanjay Saha Mr. Raju Mondal ........... For the Respondent No. 5. Affidavit of service filed by the petitioner, is taken on record.

The writ petitioner is said to have been issued road e-challan for riverbed material transportation which is valid from 7:27 pm. on December 10 of 2024 till 7:27 am. On December 11, 2024.

The petitioner is aggrieved that his truck has been intercepted by the officers on demand of illegal gratification and finally an order dated December 23, 2024 is slapped upon him demanding Rs.1,00,000/- (One lakh) as penalty, for carrying riverbed materials without valid e-challan. The order of the respondent authority dated December 23, 2024 is a non-specific and cryptic one specifying

regarding the date and time of the interception of petitioner's vehicle as well as why the said authority has considered the petitioner to have run his vehicle without valid e-challan.

The order dated December 23, 2024 appears to be a non-speaking and unreasoned one, therefore, arbitrary in nature. The court finds it proper to set it aside.

Under such circumstances, the court allows the writ petition thereby directing the impugned order dated December 23, 2024 to be set aside.

The said respondent is directed to immediately remove blocking of the e-challan of the petitioner, thereby allowing the writ petitioner to duly ply his vehicle.

With the direction as above, the present writ petition being WPA 5857 of 2025 is allowed. Since, no affidavit has been called for, allegations made in the writ petition, shall be deemed to have not admitted by the respondents. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities (Rai Chattopadhyay, J.)