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2025 DAILYLAW 19797 (GAU)

JAY BEE ENERGY PVT LTD v. THE STATE OF ASSAM AND OTHRS

WP(C)/5631/2025 · 2025-09-21

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010217342025 2025:GAU-AS:13126 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5631/2025 JAY BEE ENERGY PVT LTD THROUGH ITS AUTHORISED REPRESENTATIVE CHAMPAK PHUKAN, AGED ABOUT- 61 YEARS, HAVING ITS REGD. OFFICE AT SUNDARPAR R.G. BARUAH ROAD, GUWAHATI- 7810 05. 2: CHAMPAK PHUKAN S/o LATE JIBON PHUKAN JAY BEE ENERGY PVT. LTDSUNDARPAR R.G. BARUAH ROAD GUWAHATI- 7810 05 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER TRANSPORT DEPARTMENT, JANATA BHAWAN BLOCK-D, 3RD FLOOR, DISPUR, GUWAHATI-781006 2:THE REGIONAL DISTRICT TRANSPORT OFFICE REPRESENTED BY THE DISTRICT TRANSPORT OFFICER KAMRUP R AND L BETKUCHI N.H. 37 GUWAHATI-781034 3:ASSISTANT COMMISSIONER OF TRANSPORT DISTRICT TRANSPORT OFFICER JORHAT DISTRICT- JORHAT-785010 ASSAM. 4:THE DISTRICT TRANSPORT OFFICER JORHAT GARALI P.O.- JORHAT DISTRICT- JORHAT-785010 ASSAM Page No.# 2/4 For the Petitioner(s) : Ms. B. Chowdhury, Advocate For the Respondent(s) : Ms. M.D. Borah, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 22.09.2025 The petitioners herein are aggrieved by the blocking of their E-Vahan ID on 28.08.2025 on account of an alleged violation of the order passed by this Court. 2. It is relevant to take note of that in an earlier round of litigation, vide an order dated 27.11.2024 passed in WP(C) No. 2517/2024, this Court had directed the District Transport Officer, Jorhat to complete the process of registration of the individual vehicles of the writ petitioner Nos. 1 to 60 therein, subject to the deposit of necessary fees and charges, as required. 3. This Court has heard Ms. M.D. Borah, the learned Standing Counsel, Transport Department who submitted that pursuant to the aforesaid order, the District Transport Officer, Jorhat has been calling upon the petitioners herein to do the needful so that the order dated 27.11.2024 can be duly complied with. The learned Standing Counsel further submitted that noting in that regard has been done by the petitioners herein. Page No.# 3/4 4. Be that as it may, it is relevant to take note of that from the instruction(s) so produced by Ms. M. D. Borah, the learned Standing Counsel, Transport Department, more particularly, the communication dated 15.09.2025 issued by the District Transport Officer, Jorhat to the Commissioner of Transport, Assam, it appears that out of the 60 (sixty) two-wheelers, 4 (four) have already been registered. However, with respect to the remaining 56 (fifty six) vehicles, no steps have been taken for their registration. It is further seen that a request has been made by the District Transport Officer, Jorhat to the Commissioner of Transport, Assam requesting the latter to take up the matter with the NIC for waiver of the late fee in respect to the registration of the 4 (four) vehicles which have already been registered by paying the late fees and in respect to the remaining 56 (fifty six) numbers of vehicles necessary arrangements can be made for waiver. The said instruction(s) are kept on record and marked with the letter “X”. 5. It appears therefore that due steps have been taken by the respondent Transport Department and Ms. M.D. Borah, the learned Standing Counsel, Transport Department submitted that if the petitioners complies with the necessary directions, the respondents would be doing the needful so that the order dated 27.11.2024 passed in WP(C) No.2517/2024 can be duly Page No.# 4/4 complied with in letter and spirit. 6. Taking into account the above, the learned counsel appearing on behalf of the petitioners submitted that in view of the stand which has been taken by the Respondent Authorities, the petitioners would not like to press the instant writ petition and take appropriate steps for the purpose of getting the registration in respect to the remaining 56 (fifty six) numbers of BS-IV vehicles. She therefore submitted that the petitioners may be granted the liberty to withdraw the instant writ petition with a liberty to again approach, if in the circumstance the waiver of the late fee is not granted. 7. Taking into account the above, the instant writ petition stands closed on withdrawal with a liberty to the petitioners to approach the Respondent Authorities for waiving off the late fee. It is observed that in the circumstance the same is not done, the petitioners would be at liberty to approach this Court. JUDGE Comparing Assistant