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

S/L 1 08.12.2025 Court. No. 25 sourav WPA 5857 of 2025 Smt. Rinki Verma & Anr.

Vs.

State of West Bengal & Ors.

Mr. P. C. Das ... for the petitioners.

Mr. Supratim Dhar, Sr. Adv.

Ms. Tuli Sinha ...for the State.

Mr. Sanjay Saha Mr. Raju Mondal ... for the respondent no. 4.

1.

The petitioners have filed the present writ application being aggrieved with the impugned order dated 23.12.2024 wherein the authorities have blocked the road e-challan of the petitioners on the ground that the vehicle having registration no. WB25L6581 (12 wheels) has been intercepted by the Checking Officer at Saktigarh for carrying sand/riverbed materials without valid e-challan.

2.

The learned counsel for the petitioners submits that the concerned authority had issued e-challan to the petitioners on 10.12.2024 at 7.27 p.m. which was valid till 11.12.2024 at 7.27 a.m. but the authorities without any intimation have blocked the challan and passed the impugned order without giving any opportunity of hearing to the petitioners.

3.

The counsel for the petitioners submits that neither any notices have been issued n0r any opportunity of hearing was given to the petitioners while passing the impugned order and they pray for quashing for the

impugned order. The counsel for the petitioners also relied upon the judgment passed by the co-ordinate Bench of this Court in the case of Shri Jahir Ahmed Khan Vs. The State of West Bengal & Ors. dated September 12, wherein in the similar circumstances, the co-ordinate Bench of this Court has held that the impugned order was passed without giving any opportunity of hearing to the petitioner and the co-ordinate Bench has modified the impugned order.

4.

In view of the circumstances, this Court also finds that the impugned order dated 23.12.2024 is passed without issuing any notice and without giving any opportunity of hearing to the petitioners. Accordingly, the impugned order is modified in the following manner: a) Blocking of e-challan generation facility as imposed by the respondents would remain limited for a period of two working weeks from the date of communication of this order.

b) Within the said period of two working weeks, the Additional District Magistrate and District Land & Land Reforms Officer, Purba Bardhhaman shall afford an opportunity of hearing to the petitioner and pass a reasoned and speaking order, strictly in accordance with law after considering the contention of the petitioner.

c) If the Additional District Magistrate is not satisfied with the submissions and the documents, if any, produced by the petitioner, the authorities shall be

free to continue the blocking of the e-challan facility in respect of the petitioner's vehicle or to impose fine upon the petitioner, as may be permissible in law.

5.

The respondent no. 3, i.e., the Additional District Magistrate and District Land & Land Reforms Officer, Purba Bardhhaman is directed to pass a reasoned and speaking order after giving an opportunity of hearing to the petitioners.

6.

Accordingly, WPA 5857 of 2025 is disposed of. 7.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Krishna Rao, J.)