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2026 DAILYLAW 15670 (CAL)

ANUP DEYASHI v. STATE OF WEST BENGAL AND ORS.

WPA/28427/2025 · 2026-03-18

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sl. 18 18.03.2026 Court No.19 BP WPA 28427 of 2025 Anup Deyashi -versus- The State of West Bengal & Ors. Mr. Pintu Karar ..for the petitioner Mr. Pantu Deb Roy, Ld. AGP Mr. Dipankar Ghosh ..for the State Mr. Surendra Kumar Ms. Amrita Pandey Mr. Dinesh Bachar ..for the respondent no.7 The petitioner is aggrieved by the decision of the respondent authorities in locking the vehicle and blocking the generation of the e-road challan for the purpose of transportation of sand by the vehicle of the petitioner. The petitioner alleges that the locking of the vehicle was done without giving any opportunity to the petitioner to show cause. The learned advocate appearing for the petitioner submits that the authorities also did not ask the petitioner to produce any documents in support of the fact that the petitioner was transporting sand with valid document. The learned advocate appearing for the petitioner refers to the e-road challan which was issued on 5th December, 2025 at about 9.42 p.m. and was valid till 6th December, 2025 12.42 a.m. in respect of the 2 vehicle of the petitioner and submits that the vehicle carrying sand was plying with valid challan. From the report filed by the Assistant Director and Block Land & Land Reforms Officer, Haripal, Hooghly dated 17th December, 2025 it appears that on 6th December, 2025 a raid programme had been going on at about 6 a.m. onwards near Jhautala (Gazjar More) within the jurisdiction of the Block Land and Land Reforms Officer, Haripal and during the checking at about 6.02 a.m. on 6th December, 2025 it was found that the vehicle had been carrying with expired challan. Accordingly the Block Land and Land Reforms Officer locked the vehicle and generated a case in the portal. Though the petitioner has alleged that a penalty has been imposed upon the petitioner amounting to Rs. 50,000/- but no document has been produced to show that any penalty has been imposed. Petitioner alleges that the vehicle was plying with valid challan but the vehicle was intercepted on the ground that the same was plying with expired challan. The question whether at the relevant point of time of interception the vehicle had been carrying sand with expired challan or not is a disputed question of fact which cannot be decided in a writ petition. In view thereof, WPA 28427 of 2025 stands disposed of by granting liberty to the petitioner to submit a representation before the Assistant Director and Block 3 Land and Land Reforms Officer, Haripal, Hooghly ventilating his grievances along with supporting documents and evidence in support of the case made out in the representation and if such a representation is made, the said respondent shall consider and dispose of the same by passing a reasoned order after affording an opportunity of hearing to the petitioner or his authorized representative. The entire exercise shall be completed as expeditiously as possible but positively within a period of four weeks from the receipt of a server copy of this order along with a copy of the representation permitted to be submitted by this Court by this order. There shall be however no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)