Hasibul Rahman @ Hasibul Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Hasibul Rahman @ Hasibul Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioners to file a representation for deletion of the challans before the Motor Vehicle Inspector/Enforcement Sub-Inspector within two weeks, to be forwarded via the District Transport Officer to the State Transport Commissioner, who shall take the final call for deletion considering the admitted absence of images of overloading; no coercive steps against the petitioners until such orders are passed.

Issue for consideration

Whether the challans issued against the petitioners' vehicles for alleged overloading by sand, for which no proof or images exist (a fact accepted in the respondents' counter-affidavit), should be deleted.

Court's answer

The Court directed the petitioners to give a representation to the Motor Vehicle Inspector/Enforcement Sub-Inspector for deletion of the challans within two weeks; the Inspector shall forward it to the District Transport Officer, who shall submit a proposal to headquarters, and the State Transport Commissioner shall thereafter take the necessary call for deletion of the challans.

Ratio / Principle

In deciding on deletion, the authorities shall duly take into consideration that there are no images showing the overloading of the petitioners' vehicles, a fact accepted even in the respondents' counter-affidavit, and shall take a pragmatic view of the matter and pass necessary orders.

Key takeaways

Until the authorities pass orders on the representation for deletion of the challans, no coercive steps shall be taken against the petitioners.ratio¶20

Detailed headnote1 paragraphs

Patna High Court (A. Abhishek Reddy, J.) disposed of CWJC No.1349 of 2024, where four petitioners from Siwan challenged transport challans alleging overloading of their vehicles by sand, contending the challans were issued without proper verification and that no documents or photographs proved overloading - a position conceded in the respondents' counter-affidavit (matter pertains to 2020; photographs not available). Rather than itself deleting the challans, the Court directed a tiered process under the Transport Department's SOP for challan deletion (Letter No. 02/E. Transport-01/2020, Tr. 1720, dated 09.03.2020): the petitioners to give a representation for deletion to the Motor Vehicle Inspector/Enforcement Sub-Inspector within two weeks; the Inspector to forward it to the District Transport Officer, Chapra; the DTO to submit a proposal to headquarters; and the State Transport Commissioner to take the necessary call for deletion, duly weighing the admitted absence of any images showing overloading and taking a pragmatic view. Interim protection was granted: no coercive steps against the petitioners until such orders are passed.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1349 of 2024

======================================================

Hasibul Rahman @ Hasibul Son of Md. Nazir Resident of VillageHasanpura. P.S. Mufassil. District-Siwan.

Wasim Rahman Son of Hasibul Rahman Resident of Village- Hasanpura. P.S. Mufassil. District-Siwan.

Jamil Rahman Son of Hasibul Rahman Resident of Village- Hasanpura. P.S. Mufassil. District-Siwan.

Shoaib Rahman Son of Hasibul Rahman Resident of Village- Hasanpura. P.S. Mufassil. District-Siwan.

... ... Petitioner/s

Versus

The State of Bihar through the Secretary Transport Department Govt. of Bihar, Patna.

The Transport Commisioner, Bishewesaraiya Bhawan, Bailey Road, Patna800001.

The District Transport Officer, Chapra, Saran.

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Mishra For the Respondent/s : Mr. Standing Counsel 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

12 09-04-2025

The Government of Bihar, Transport Department vide

letter No. 02/E. Transport-01/2020, Tr. 1720 dated 09.03.2020 has issued certain guidelines/ standard operating procedure for deletion of the challans.

It is the case of the petitioners that the challans have been issued without any proper verification. Moreover, there is no proof that the vehicles of the petitioners were overloaded and the authorities could not bring on record any document/ photograph to show that at the time of issuance of

Patna High Court CWJC No.1349 of 2024(12) dt.09-04-2025 2/3

the challans, the vehicles of the petitioners were overloaded by sand and in the counter-affidavit, it is specifically stated that as matter a pertains to the year 2020, the photographs are not available with the respondent authorities.

Having regard to the same, the petitioners are directed to give a representation to the Motor Vehicle Inspector/ Enforcement Sub Inspector for deletion of the challans within a period of two weeks from today and on receipt of the said representation, the same shall be forwarded to the District Transport Officer by the Motor Vehicle Inspector/ Enforcement Sub Inspector and thereafter, the District Transport Officer will submit a proposal to the headquarters. The State Transport Commissioner on receipt of the proposal by the District Transport Officer shall take necessary call for deletion of the challans. The authorities shall duly take into consideration the challans issued to the petitioners, there are no images showing the overloading of the vehicles and even in the counter-affidavit filed by the respondents, the same is accepted and they have stated that no images are available. The authorities shall take a pragmatic view of the matter and pass necessary orders. Till such time the authorities pass the orders, no coercive steps shall be taken against the petitioners.

Patna High Court CWJC No.1349 of 2024(12) dt.09-04-2025 3/3

With the above direction, the present writ petition

stands disposed of.

(A. Abhishek Reddy, J)

Ayush/-

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