Disposed

Smt. Saroj Devi Sharma v. State of Uttar Pradesh and 8 Others

Allahabad HC20 Feb 2023WRIA/3080/2023

Case brief

AI extract

What is this about?

Petitioner sought quashing of duplicate e-challans for fitness certificate violation. Court disposed petition by referring to precent and directing authority to process compounding application upon deposit of Rs. 5,500, subject to releasing the vehicle.

What did the court decide?

Respondent authority to process compounding application upon deposit of Rs. 5,500; vehicle to be released thereafter.

Smt. Saroj Devi Sharma Vs State of Uttar… — Civil Procedure and Limitation | Allahabad HC (2023)

¶1

Court No. - 40

¶2

Case :- WRIT - A No. - 3080 of 2023 Petitioner :- Smt. Saroj Devi Sharma Respondent :- State Of Uttar Pradesh And 8 Others Counsel for Petitioner :- Satyendra Kumar Jaiswal Counsel for Respondent :- C.S.C.

¶3

Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vivek Kumar Singh,J.

¶4

Heard Sri S.K. Jaiswal, learned counsel for the petitioner and Sri Piyush Shukla, learned Standing Counsel for the State respondents.

¶5

By means of present writ petition, the petitioner has prayed for quashing the e-challan No. UP9744322105101337 issued by Passenger Tax Officer on 05.11.2022 at 10:13:37 a.m. and e- challange No.UP138253221105101805 passed by Traffic Police Inspector on 05.11.2022 at 10:18:05 a.m. on charges of fitness certificate under Motor Vehicles Act, 1988/U.P.M.V. Taxation Act, 1997 and imposed fine of Rs.48,500/- and Rs.5500/- on Vehicle No.UP78DN-0991 (Bus) respectively.

¶6

Learned counsel for the petitioner has vehemently contended that the first challan was issued by the Passenger Tax Officer on 05.11.2022 at 10:13:37 a.m. through e-challan No. UP9744322105101337 on the ground that petitioner's vehicle has no fitness certificate and immediately after five minutes the second e-challan was issued by the Traffic Police Inspector on the same date i.e. 05.11.2022 at 10:18:05 a.m. on the same ground. Said action cannot be permissible. In support of his submission, he has placed reliance on the order dated 18.5.2022 passed in Writ No.7562 of 2022 ( Sri Rajan Yadav vs. State of UP and 2 others ), which was disposed of by this Court under identical facts and circumstances directing the respondents to proceed further in the matter on deposit of compoundable fee of Rs.5000/- as well as the order dated 25.1.2023 passed in Writ A No.515 of 2023 ( Suryabhan and another vs. State of UP and 2 others ). He submits that on deposit of compoundable fee of Rs.5500/- the vehicle in question is liable to be released.

¶7

Learned Standing Counsel raises no objection to the aforesaid accommodation as sought for by the petitioners.

¶8

Considering the facts and circumstances, without entering into merits of the case, the writ petition is disposed of in terms of the

¶9

order passed in Sri Rajan Yadav (supra).

¶10

The respondent authority shall process the application of the petitioner for compounding subject to deposit of Rupees Five Thousand Five Hundred by the petitioners, in accordance with law. Subject to deposit Rs. 5500/- by the petitioners, the vehicle of the petitioner may be released in her favour, in case there is no other impediment.

¶11

Order Date :- 20.2.2023 RKP

¶12

Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad

Smt. Saroj Devi Sharma v. State of Uttar Pradesh and 8 Others

Case brief

What is this about?

What did the court decide?

Smt. Saroj Devi Sharma v. State of Uttar Pradesh and 8 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

C/M Waqf No. 51/110 Masjid Saudagrann Sabzi Mandi, Bahadurgang, Prayagraj and Another Vs State of U.P. and 3 Others

Munshi Lal Patel Vs State of U.P. and 3 Others

Ram Niwas Vs State of U.P. and 4 Others

Rajni Rani Vs State of U.P. and 4 Others

Ravi Kumar Vs State of U.P. and 5 Others

Chandra Badan Tiwari @ C.V. Sharma Vs State of U.P. and 3 Others