Page No.# 1/3 GAHC010184202023 2025:GAU-AS:16218 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5006/2023 MD. JIYAUR PASA S/O LATE SALIM PASA, NALBARI TOWN, WARD NO-8, P.S. AND P.O.- NALBARI, DIST-NALBARI, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM STATE TRANSPORT DEPARTMENT DISPUR GUWAHATI-06 3:THE DISTRICT COMMISSIONER BARPETA DISTRICT BARPETA ASSAM-781301 4:THE DISTRICT COMMISSIONER NALBARI DISTRICT NALBARI ASSAM-781335 5:THE DISTIRCT TRANSPORT OFFICER BARPETA DISTRICT BARPETA ASSAM-781301 6:THE DISTIRCT TRANSPORT OFFICER Page No.# 2/3 NALBARI DISTRICT NALBARI ASSAM-78133 For the petitioner (s) : Mr. S. Hoque, Advocate For the respondent (s) : Ms. M. D. Borah, SC, Transport BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 26.11.2025 Heard Mr. S. Hoque, the learned counsel appearing on behalf of the petitioner. Also heard Ms. M. D. Borah, the learned Standing Counsel for the Transport Department. 2. The petitioner herein who is the owner of various Dumpers have sought for a mandamus thereby seeking directions that the authorities in the Transport Department should measure the loaded Dumpers with sand and crushed stone on the basis of Cubic Meter (Cu.M.) and not in Kilograms (Kg). 3. Pursuant to the notice issued by this Court, an affidavit-in- opposition is filed by the respondent No.6. In the said affidavit- in-opposition, it is averred that the Motor Vehicles Act, 1988 and the Rules framed thereinunder do not contemplate weighing the motor vehicles as per Cu.M. The weighment of the loaded or unloaded motor vehicle is to be made on the basis of Kilograms Page No.# 3/3 (Kg). In that regard, Section 2(16); 2(17) and 2(21) of the Motor Vehicles Act, 1988 were referred to. 4. It is the opinion of this Court that the very basis of the instant writ petition is faulty in as much as Cubic Meter which abbreviated as cum, M3, CBM, cbm is for measurement of volume where weight of a vehicle has to be measured as per Kg as per Motor Vehicles Act, 1988. 5. While dictating the order, Mr. S. Hoque, the learned counsel for the petitioner submitted that the petitioner would not like to further proceed with the instant writ petition and the petitioner would be well advised to challenge those provisions under the Motor Vehicles Act, 1988, if permissible under law. 6. Taking into account the said submission, the instant writ petition stands closed on withdrawal. 7. This Court would not comment on the challenge to the provisions of the Motor Vehicles Act, 1988. It shall be within the advice and wisdom of the petitioner to do so. JUDGE Comparing Assistant