Dismissed¶48

Chitralekha Kalita v. the Union of India and 3 Ors.

E-challan – Traffic violation – Writ petition

Gauhati HC5 Jan 2025WP(C)/5105/2023

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What is this about?

E-challan; traffic violation; alternative remedy; Grievance Redressal Portal; Ministry of Road Transport and Highways; disputed questions of facts; writ dismissed; WP(C)/2621/2024; linked WP(C)/441/2023 and WP(C)/5105/2023; Gauhati High Court; Michael Zothankhuma, J.; Kamrup (M); compensation for harassment refused.

What did the court decide?

The present cases are covered by this Court's orders in WP(C) Nos. 3039/2024, 3059/2024 and 4443/2024; since an alternative remedy is available to the petitioners by way of appeal in the Grievance Redressal Portal system opened by the Ministry of Road Transport and Highways Department, the petitioners may avail that remedy and the Court was not inclined to keep the matters pending any longer. ¶47

Chitralekha Kalita Vs the Union of India and 3 Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/6

GAHC010097032024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/2621/2024

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DINESH KALITA

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S/O- GOBINDA RAM KALITA, A RESIDENT OF 53 APRO COLONY ROAD, DR B K KAKOTI RD, ULUBARI, GUWAHATI- 781007, DIST.- KAMRUP (M), ASSAM

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VERSUS

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THE UNION OF INDIA AND 9 ORS

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TO BE REPRESENTED BY THE MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, REPRESENTED BY THE JOINT SECRETARY, ROAD WINGS DIVISION, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI- 110001

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2:THE SECRETARY TRANSPORT DEPARTMENT GOVERNMENT OF ASSAM JANATA BHAWAN BLOCK E DISPUR GUWAHATI-6

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3:THE REGIONAL TRANSPORT OFFICER KAMRUP (M) BETKUCHI GUWAHATI-34

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4:NITU CHETIA ENFORCEMENT INSPECTOR OFFICE OF THE DISTRICT/REGIONAL TRANSPORT OFFICE KAMRUP (M) BETKUCHI GUWAHATI-34

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5:MAZZAMIL HUSSAIN ENFORCEMENT INSPECTOR OFFICE OF THE DISTRICT/REGIONAL TRANSPORT OFFICE KAMRUP (M) BETKUCHI GUWAHATI-34

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Page No.# 2/6

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6:ATUL CH. ROY PRODHANI INSPECTOR OFFICE OF THE DISTRICT/REGIONAL TRANSPORT OFFICE KAMRUP (M) BETKUCHI GUWAHATI-34 7:RAJEN BORO SUB-INSPECTOR OFFICE OF THE DISTRICT/REGIONAL TRANSPORT OFFICE KAMRUP (M) BETKUCHI GUWAHATI-34 8:APURVA SARMA SUB-INSPECTOR OFFICE OF THE DISTRICT/REGIONAL TRANSPORT OFFICE KAMRUP (M) BETKUCHI GUWAHATI-34 9:GAUTAM KR DAS DISTRICT TRANSPORT OFFICER OFFICE OF THE DISTRICT/REGIONAL TRANSPORT OFFICE KAMRUP (M) BETKUCHI GUWAHATI-34 10:HIMANGSHU KUMAR DAS ENFORCEMENT INSPECTOR OFFICE OF THE TRANSPORT OFFICER KAMRUP (M) BETKUCHI GUWAHATI-3

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Advocate for the Petitioner : MR A R BHUYAN, MR N A MAZARBHUIYA,MR N Z CHOUDHURY

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Advocate for the Respondent : SC, TRANSPORT DEPARTMENT, ASSAM, MR. K GOGOI C.G.C for R/p No.1,

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Linked Case : WP(C)/441/2023

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ABDUR RAZZAQUE BHUYAN S/O- ALI AHMED A R/O- H/NO.5 SURABI PATH

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SIJUBARI DARGAH ROAD GUWAHATI P.S. HATIGAON DIST.- KAMRUP (M) ASSAM

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VERSUS

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THE UNION OF INDIA AND 3 ORS TO BE REP. BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA REP. BY THE JOINT SECRETARY ROAD WINGS DIVISION MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI- 110001 2:THE SECRETARY TRANSPORT DEPTT. GOVT. OF ASSAM JANATA BHAWAN BLOCK E DISPUR GHY-6 3:THE REGIONAL TRANSPORT OFFICER KAMRUP (R) AMINGAON NORTH GUWAHATI-31 4:ENFORCEMENT INSPECTOR OFFICE OF THE DISTRICT/ REGIONAL TRANSPORT OFFICER KAMRUP (R) AMINGAON NORTH GUWAHATI-31 -----------Advocate for : PETITIONER IN PERSON Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS

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Linked Case : WP(C)/5105/2023 CHITRALEKHA KALITA

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W/O- DINESH KALITA

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R/O- 53 APRO BYE LANE

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DR. B.K KAKOTI ROAD ULUBARI GUWAHATI-07 DIST- KAMRUP (M) ASSAM

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VERSUS

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THE UNION OF INDIA AND 3 ORS REP BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVERNMENT OF INDIA REP. BY THE JOINT SECRETARY ROAD WINGS DIVISION MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI-01 2:THE SECRETARY TRANSPORT DEPARTMENT GOVERNMENT OF ASSAM JANATA BHAWAN BLOCK-E DISPUR GUWAHATI-06 3:THE REGIONAL TRANSPORT OFFICER KAMRUP (M) BETKUCHI GUWAHATI-34 4:HIMANGSHU KUMAR DAS ENFORCEMENT INSPECTOR OFFICE OF THE DISTRICT/REGIONAL TRANSPORT OFFICER KAMRUP(M) BETKUCHI GUWAHATI-34 -----------Advocate for : MR. A R BHUYAN

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Page No.# 5/6

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Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 06.01.2025

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Heard Mr. N. A. Mazarbhuian, learned counsel for the petitioners.

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2. The petitioners are aggrieved with the E-challans that were furnished to them, with regard to the alleged traffic violations made by the vehicles mentioned in the E- challans.

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3. The basic case of the petitioners is that the E-challans lack transparency, by which the petitioners were not aware of the reasons for being made to pay fines.

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4. The petitioners thus pray to set aside the E-challans and to direct the respondents to compensate the petitioners for the harassment caused to them.

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5. Mr. R. B. Goswami, learned counsel appearing on behalf of Ms. M. D. Borah, learned Standing Counsel for the Transport Department, submits that there is an alternative remedy available for redressal of the grievance of the petitioners, i.e. by filing an appeal in the Grievance Redressal Portal system opened by the Ministry of Road Transport and Highways Department and as such, the writ petitions should be dismissed.

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6. I have heard the learned counsels for the parties.

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7. In WP(C) Nos. 3039/2024, 3059/2024 and 4443/2024, challenges were made to the E-challans issued therein. This Court had dismissed all the writ petitions, on the

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ground that the petitioners therein could always take recourse to the alternative remedy available, by filing an appeal in the Grievance Redressal Portal system opened by the Ministry of Road Transport and Highways Department, due to the fact that the issues raised by the petitioners pertained to disputed questions of facts.

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8. It is also noticed that in para 8 of the order dated 25.10.2024 passed in WP(C) 4443/2024, this Court had recorded the fact that in the month of September, 2024, a total of 23,876 E-challans were issued by the Police Department in relation to traffic offences in the district of Kamrup (M), State of Assam. Thus, unless efficacious alternative remedy available was taken recourse to, for making a challenge to E- challans, the writ Courts would be flooded with cases involving E-challans everyday.

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9. On considering the fact that the present cases are covered cases, in terms of the orders passed in WP(C) Nos. 3039/2024, 3059/2024 and 4443/2024, this Court is not inclined to keep the matters pending any longer. As there is an alternative remedy available to the petitioners for redressal of their grievance, the petitioners may avail the alternative remedy available for redressal of their grievances.

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10. The writ petitions are accordingly dismissed.

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JUDGE

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Chitralekha Kalita v. the Union of India and 3 Ors.

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Chitralekha Kalita v. the Union of India and 3 Ors.

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