1 CGHC010036512025 2026:CGHC:38539-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPPIL No. 20 of 2025 Vinesh Kumar Chopda S/o Late Umedchand Ji Chopda Aged About 68 Years Caste- Jain, Occupation- Journalist, R/o Flat No. 202, Second Floor, B- Block, Green Heights Apartment, Kaurenbhata, Rajnandgaon Tehsil And District- Rajnandgaon, Chhattisgarh ... Petitioner versus 1 - State of Chhattisgarh Through Its Secretary, Department of Transport, Third Floor, Block- C, Indravati Bhawan, Naya Raipur, Mantralaya, Raipur, Chhattisgarh 2 - Deputy Secretary Department of Transport, Indravati Bhawan, Naya Raipur, Mantralaya, Raipur, Chhattisgarh 3 - Upper Secretary Department of Transport, Indravati Bhawan, Naya Raipur, Mantralaya, Raipur, Chhattisgarh 4 - Transport Commissioner Block C, 3rd Floor, Indravati Bhawan, Atal Nagar, Atal Nagar-Nava Raipur 5 - Joint Commissioner Indravati Bhawan, Atal Nagar, Atal Nagar-Nava Raipur 6 - Regional Transport Officer Raipur, Division- Raipur C.G 7 - Regional Transport Officer Bilaspur, Division - Bilaspur C.G 8 - Regional Transport Officer Sarguja, Division- Sarguja C.G 9 - Regional Transport Officer Bastar, Division- Bastar C.G 10 - Regional Transport Officer Durg, Division- Durg C.G 11 - Additional Regional Transport Officer Rajnandgaon, District- Rajnandgaon C.G 12 - District Transport Officer District- Kabirdham C.G 13 - District Transport Officer District- Kanker C.G 14 - District Transport Officer District- Mahasamund C.G 15 - District Transport Officer District- Dhamtari C.G 16 - District Transport Officer District- Korba C.G ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 17 - District Transport Officer District- Dantewada C.G 18 - District Transport Officer District- Janjgir-Champa C.G 19 - District Transport Officer District- Raigarh C.G 20 - District Transport Officer District- Koriya C.G 21 - District Transport Officer District- Jashpur C.G 22 - District Transport Officer District- Mungeli C.G 23 - District Transport Officer District- Ballodabazar-Bhatapara C.G 24 - District Transport Officer District- Gariyaband C.G 25 - District Transport Officer District- Bemetara C.G 26 - District Transport Officer District- Balod C.G 27 - District Transport Officer District- Kondagaon C.G 28 - District Transport Officer District- Surajpur C.G 29 - District Transport Officer District- Balrampur-Ramanujganj C.G 30 - District Transport Officer District- Narayanpur C.G 31 - District Transport Officer District- Bijapur C.G 32 - District Transport Officer District- Sukma C.G 33 - District Transport Officer District- Gaurela-Pendra-Marwahi C.G ... Respondents ------------------------------------------------------------------------------------------------ For Petitioner : Mr. Rishabh Bisen, Advocate For State/Respondents : Mr. Praveen Das, Addl. Advocate General ------------------------------------------------------------------------------------------------ Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Order on Board Per Ramesh Sinha, Chief Justice 01 . 09 .202 6 1. Heard Mr. Rishabh Bisen, learned counsel for the petitioner. Also heard Mr. Praveen Das, learned Additional Advocate General, appearing for the State/respondents. 2. By way of the present petition styled as ‘Public Interest Litigation’, the petitioner had projected the issue of passenger buses/stage 3 carriage being operated without conductor / license conductor alleging that in the State of Chhattisgarh there are total 68,369 registered passenger buses and only near about less than 1000 are role licence conductor have their registration as conductor to perform their duty/ role and most of the passenger buses are being operated without conductor / license conductor and for issuance of direction to the respondents to satisfy the presence of licence conductor in every registered passenger bus/stage carriage which being operated on road within the territory of the State of Chhattisgarh by satisfying also the role of licence conductor which has been described in Motor Vehicle Act, 1988 and Central Motor Vehicle Rule, 1989 because fact has been disclosed that no other person can act as conductor except licence conductor also because the number of Licence Conductor is not up-to the registered passenger bus/stage carriage in view of safety of Public at Large. Further seeking issuance of direction to Transport Flying Squad and every check points to ensure that no stage carriage/passenger bus shall operate on road without registered/licence conductor and role of licence conductor has been performed or not. 3. Considering the seriousness of the issue involved in the present matter, four week’s time was granted to learned State counsel to file reply in the matter and thereafter, further two week’s time was granted to the petitioner to file rejoinder, if any. 4. Pursuant thereto, reply has been filed by the State. Relevant 4 portion of the said reply reads as under : “2. It is respectfully submitted that the petitioner has filed the instant writ petition Public Interest Litigation alleging that in the State of Chhattisgarh there total 68,369 registered passenger buses and only near about less than 1000 are role licence conductor have their registration as conductor to perform their duty/role and most of passenger buses are being operated without conductor/licence conductor. 3. It is respectfully submitted that as on 24.01.2025 the total number of registered passenger buses is 14488 and the total number of school buses is 7236. Thus, the total number of registered buses is 21724. Against 21724 registered buses, the total number of licencee conductors is 1012. 4. It is most humbly submitted that the Section 38 of the Motor Vehicle Act, 1988 provides for granting license to the bus conductor of the passenger buses. It is further submitted that Sections 25, 26, 27 of the Chhattisgarh Motor Vehicle Rules, 1994 provides with regard to issuance of licence/batch to the passenger bus conductors. 5. It is submitted that time to time directions /letters have already been issued to the Regional Transport Officer, District Transport Officers for issuance of licence to the bus conductor and to take strict action in case of operating the passenger buses without lincensee conductor as per the provisions of the Rules. Vide letter dated 19.01.2024 the Transport Commissioner Chhattisgarh directed all the Regional Transport Officer, Additional Transport Officers and District Transport Officers of the State of Chhattisgarh for issuance of the licence to the conductors of the passengers buses and to initiate action against the buses, who are running without licensee conductors. Copy of letter dated 19.01.2024 is filed herewith as ANNEXURE R-1. 6. It is respectfully submitted that the Additional Transport Commissioner Chhattisgarh vide order dated 24.05.2024 directed to all the Regional Transport Officer, Additional Regional Transport 5 Officers, District Transport Officers, Incharge Flying Squad/Chekpost Chhattisgarh for issuance of uniform and identity cards to the drivers/conductors of the private vehicles. Copy of order dated 24.05.2024 is filed herewith as ANNEXURE R-2. Further, vide letter dated 11.07.2024 was issued color of the regard with to uniform of the drivers/conductors of the private vehicles. Copy of letter dated 11.07.2024 is filed herewith as ANNEXURE R-3. 7. It is further submitted that on 24.01.2025 the Dy. Transport Commissioner Raipur Chhattisgarh has also issued directions for issuance of licence to the bus conductors. Copy of letter dated 24.01.2025 is filed herewith as ANNEXURE R-4. 8. It is respectfully submitted that in compliance of the orders time to time issued by the State Government and as per the provisions of the Motors Vehicle Act, the respondent authorities have taken actions against the passenger buses, who are operating without licensee conductors. In the month of January, 2025, as per the provision of Motor Vehicle Act total action have been taken against 165 buses in the Check Posts and imposed penalty of Rs. 1,67,600/-. It is also submitted that the Flying Squad has also taken action against total 169 buses and imposed penalty of Rs. 1,16,100/-. Copy of report of January, 2025 is filed herewith as ANNEXURE R-5. 9. It is humbly submitted that from April 2024 to February, 2025, the respondent authorities have taken action under Section 3/181 of the Motor Vehicle Act, 1988 against total 1,61,377 vehicles, who are running without Driver license and valid documents and imposed penalty of Rs. 19,77,02,700/- Copy of chart showing actions U/s 3/181 of Motor Vehicle Act is filed herewith as ANNEXURE R-6. 18. That, the respondent authorities have also taken action under Section 29/177 of the Motor Vehicle Act, 1988 against total 566 vehicles running without conductor license and imposed penalty of Rs. 4,08,000/-. Copy of chart showing action as per Section 29/177 of the Motor Vehicle Act, 1988 is filed herewith as ANNEXURE R-7. 6 5. In response to the reply filed by the State, the petitioner has also filed rejoinder. Relevant portion of the same reads as under : “1. That, paragraph 1 of the reply of state/ respondents doesn't requires any rejoinder as it contain the relief clause of the PIL. 2. That, paragraph No. 2 of the reply of state/respondents, states that petitioner has filed the Public Interest Litigation alleging that in the state of Chhattisgarh there is total 68,369 registered passenger buses and only near about less than 1000 are role licence conductor have their registration as conductor to perform their duty/role and most of passenger buses are being operated without conductor/licence conductor. 3. That, against the reply of paragraph No. 2/allegations of the reply of state/respondent that as on 24.01.2025 the total Number of registered passenger buses is 14488 and the total no. of school buses is 7236, thus the total no. of registered buses is 21,724 and against the 21,724 registered buses, the total number of licence conductor is 1012 which is now an admitted fact that there is no licence conductor which is up-to or match the no. of registered buses every day to measure public safety and to compliance of the relevant Acts and also the information obtain under Right to information act which is duly an part of annexure as ANNEXURE P/1 there is 68,369 buses are registered and in operation for whicvehicle is only 1012 registered conductor and also it is also not disclosed by any documents or by any written reply by the state that, the Number which are declaring to be 14488 registered passenger buses and 7236 school buses is only for the state or the number of registered buses is for the whole state of Chhattisgarh. 4. That, paragraph no. 4 of the reply of the state also submits that, the state is not denying what is the rules has been framed by the legislature. 5. That, paragraph no. 5 of the reply of state suggests that direction/letters has been issued timely for strict action in case of operating the passenger 7 buses without licence conductor and the annexure R-1 also directs that to take action against the violators and directs to satisfactory availability of the registered licensee at every passengers buses from the reply of the it is clear that there is no sufficient Numbers of the registered conductors to ensure the provisions and compliance of the Act as there is no such increase in Number of registered Conductors. 6. That, paragraph no. 6 of the reply of the state also issued direction through letter dated 24.05.2025 for issuance of uniform and identity cards to the driver and for color of driver/conductor uniform. 7. That, from the reply of the state in paragraph No. 7 on 24.01.2025 direction was issued to issue licence to conductors. 8. That, from the reply of the state in paragraph No. 8, in month of January 2025, against 165 Buses action has been taken which are operating without licensee conductors and by flying squad against 169 buses action has been taken of imposition of penalty. 9. That, from the reply of state in paragraph no. 9 that from April 2024 to February 2025 under section 3/181 of moto vehicle act, 1988 against total 1,61,377 vehicles who are operating without driving licence and valid documents, which is not the contention of the petitioner and is completely against the subject of the this PIL, so the submissions of the reply in paragraph no. 9 of reply of the state is highly not admissible. 10. That, in reply of state in paragraph no. 10, under section 29/177 of motor vehicle act, 1988 against total 566 vehicles action has been taken by imposing penalty of Rs. 4,08,000, which is also not appropriate action the state and there officers has to act ensuring the availability/presence of registered conductor in every registered buses as per the reply of the state which is as 21,724 registered buses and for which there is 1012 registered conductor which is not up-to the number of registered Buses and there is no action of state to ensure to increase the numbers of registered licence conductor as up-to the buses in operation, from the difference of the Numbers of registered buses and registered conductor it is not at 8 all possible the ensure the duty of the registered conductor for the passengers and for general safety of public at large. 11. That, relief clause of the petitioner has not been complied by the state even after giving sufficient opportunity. 6. We have heard learned counsel for the petitioner as well as learned State counsel and have perused the pleadings and documents placed on record. 7. The grievance raised by the petitioner in the present Public Interest Litigation is essentially with regard to operation of passenger buses/stage carriages without a duly licensed conductor and the alleged failure of the respondent authorities to ensure compliance with the provisions of the Motor Vehicles Act, 1988 and the Rules framed thereunder. 8. From the reply filed by the State, it is apparent that the statutory requirement regarding licensing of conductors has not been disputed. The State has specifically referred to Section 38 of the Motor Vehicles Act, 1988 and Rules 25, 26 and 27 of the Chhattisgarh Motor Vehicles Rules, 1994 governing the licensing/batch of conductors. The State has further placed on record various communications issued by the competent transport authorities directing the concerned Regional Transport Officers, District Transport Officers, Flying Squads and Check Posts to ensure issuance of conductor licences and to take action against passenger buses being operated without duly licensed conductors. 9 9. The material placed on record further demonstrates that the respondent authorities have not remained inactive. As stated in the reply, during January, 2025, action was taken against 165 buses at Check Posts, with penalty of Rs.1,67,600/-, while the Flying Squad took action against 169 buses and imposed penalty of Rs.1,16,100/-. The State has also stated that, during the period from April, 2024 to February, 2025, action was taken against vehicles found operating without requisite driving licences/valid documents and, specifically, action under Sections 29/177 of the Motor Vehicles Act, 1988 was taken against 566 vehicles for operating without conductor licences, with penalty of Rs.4,08,000/-. 10. The principal objection of the petitioner is that the number of licensed conductors stated by the State, i.e. 1,012 as against 14,488 registered passenger buses and 7,236 school buses, is not sufficient to ensure the presence of a licensed conductor in every bus. However, mere comparison of the aggregate number of registered buses with the aggregate number of licensed conductors, by itself, cannot establish that the statutory requirement is being violated in respect of every vehicle. The requirement has to be examined with reference to the class of vehicle, its actual operation as a stage carriage/passenger vehicle, the applicable permit conditions and the statutory provisions governing the engagement and licensing of conductors. 10 11. At the same time, the concern expressed by the petitioner regarding the safety of passengers and strict enforcement of the statutory provisions cannot be said to be wholly without substance. The reply of the State itself demonstrates that instances of operation of vehicles without licensed conductors have been detected and action has been taken against such vehicles. Thus, the issue raised in the petition is already receiving attention at the administrative and enforcement level. 12. In view of the aforesaid position, no further general or roving direction is called for from this Court. The competent transport authorities are, however, expected to continue to strictly enforce the provisions of the Motor Vehicles Act, 1988 and the Chhattisgarh Motor Vehicles Rules, 1994 and the conditions of the respective permits, and to take appropriate action wherever a stage carriage/passenger bus is found to be operating in violation of the statutory requirement relating to a licensed conductor. 13. Consequently, the relief sought by the petitioner stands substantially addressed by the statutory framework, the directions already issued by the respondent authorities and the enforcement measures disclosed in the return. We, therefore, do not find any occasion to issue any further mandatory direction in the present Public Interest Litigation. 14. The writ petition is, accordingly, disposed of with an observation that the respondent authorities shall remain vigilant and ensure effective and continuous enforcement of the applicable provisions 11 relating to licensed conductors in stage carriages/passenger buses. In the event of any specific violation, it shall be open to the concerned authority to take action in accordance with law. 15. It is made clear that we have not expressed any opinion on the correctness of the petitioner's assertion regarding the total number of registered buses or the precise number of licensed conductors, as the same is not necessary for adjudication of the present petition. 16. No order as to costs. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra