Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14358 of 2023 ====================================================== Kulashekhar Kumar Son of Binda Prasad, Resident of Village- Mirjapur, Post office- Bhagawanpur Kokrsa, Police Station- Hulasganj, District- Jehanabad. ... ... Petitioner/s Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Department of Mines and Geology Govt. of Bihar, Patna.
3. The Principal Secretary, Department of Transport Govt. of Bihar, Patna.
4. The District Mining Officer, Muzaffarpur.
5. The Joint Commissioner- Cum- Secretary, Regional Transport Authority, Muzaffarpur.
6. The District Transport Officer, Muzaffapur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr. Raghwendra Kumar (Sc22) ======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 4 24-03-2025 Heard the learned counsel for the parties.
2. The petitioner is contending that the authorities without physical verification of the vehicle and on the basis of registration number i.e., BR-25-G-5288 has issued the challan no. BR143402206113043654 on 13.06.2022 for an amount of Rs. 52,500/- for overloading of the sand approx 500 CFT.
3. Learned counsel appearing on behalf of the petitioner has stated that the authorities have imposed the said fine only on the basis of registration number in which the overloaded sand was having placed on 13.06.2022 whereas the petitioner truck was not in Muzaffarpur on the alleged date.
Patna High Court CWJC No.14358 of 2023(4) dt.24-03-2025 2/2
4. Per contra, the learned counsel for the respondent- State has stated that the authorities after due verification and taking into account the registration no. of the vehicle have imposed the fine for overloading the vehicle.
5. This Court is of the opinion that the ends of justice would be served if the respondent No. 6 i.e., The District Transport Officer, Muzaffapur is directed to verify the above
contentions raised by the petitioner and pass a reasoned order. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. It is needless to mention that before passing any orders, the petitioner shall be given an opportunity of hearing. Any orders passed shall be communicated to the petitioner.
6. With the above direction, the present writ petition stands disposed of.
Ayush/- (A. Abhishek Reddy, J) U