ABDUR RAZZAQUE BHUYAN v. THE UNION OF INDIA AND 3 ORS
WP(C)/441/2023 · 2025-01-05
Michael Zothankhuma
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 6457 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6457 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/6 GAHC010097032024
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2621/2024 DINESH KALITA S/O- GOBINDA RAM KALITA, A RESIDENT OF 53 APRO COLONY ROAD, DR B K KAKOTI RD, ULUBARI, GUWAHATI- 781007, DIST.- KAMRUP (M), ASSAM VERSUS THE UNION OF INDIA AND 9 ORS 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 2:THE SECRETARY TRANSPORT DEPARTMENT GOVERNMENT OF ASSAM JANATA BHAWAN BLOCK E DISPUR GUWAHATI-6 3:THE REGIONAL TRANSPORT OFFICER KAMRUP (M) BETKUCHI GUWAHATI-34 4:NITU CHETIA ENFORCEMENT INSPECTOR OFFICE OF THE DISTRICT/REGIONAL TRANSPORT OFFICE KAMRUP (M) BETKUCHI GUWAHATI-34 5:MAZZAMIL HUSSAIN ENFORCEMENT INSPECTOR OFFICE OF THE DISTRICT/REGIONAL TRANSPORT OFFICE KAMRUP (M) BETKUCHI GUWAHATI-34
Page No.# 2/6 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 Advocate for the Petitioner : MR A R BHUYAN, MR N A MAZARBHUIYA,MR N Z CHOUDHURY Advocate for the Respondent : SC, TRANSPORT DEPARTMENT, ASSAM, MR. K GOGOI C.G.C for R/p No.1, Linked Case : WP(C)/441/2023 ABDUR RAZZAQUE BHUYAN S/O- ALI AHMED A R/O- H/NO.5 SURABI PATH
Page No.# 3/6 SIJUBARI DARGAH ROAD GUWAHATI P.S. HATIGAON DIST.- KAMRUP (M) ASSAM VERSUS 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 Linked Case : WP(C)/5105/2023 CHITRALEKHA KALITA
Page No.# 4/6 W/O- DINESH KALITA
R/O- 53 APRO BYE LANE
DR.
B.K KAKOTI ROAD ULUBARI GUWAHATI-07 DIST- KAMRUP (M) ASSAM VERSUS 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
Page No.# 5/6 Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 06.01.2025
Heard Mr. N. A. Mazarbhuian, learned counsel for the petitioners. 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. 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. 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. 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. 6. I have heard the learned counsels for the parties. 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
Page No.# 6/6 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. 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. 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. 10. The writ petitions are accordingly dismissed. JUDGE Comparing Assistant