Research › Search › Judgment

Patna High Court · body

2001 DIGILAW 37 (PAT)

Vishnu Dat Mishra v. State Of Bihar

2001-01-15

S.K.CHATTOPADHYAYA

body2001
Judgment 1. Heard learned counsel for the parties. 2. On the allegation that the petitioner has used his vehicle as commercial transport and thereby violating the provisions of the Motor Vehicles Act and Rules and as such causing financial loss to the State exchequer, the vehicle of the petitioner was seized. 3. The grievance of the petitioner is that respondent no. 2, the District Transport Officer, Aurangabad, without hearing the petitioner, directed him to deposit a total sum of Rs. 19,440/- towards tax as well as fine. It is further stated that the vehicle of the petitioner is being used by the police personnel without any authority. Case of the petitioner is that on 29.11.2000 when daughter-in-law of the petitioner fell ill, she was immediately shifted to Sadar Hospital, Aurangabad in his jeep. However, when he came out from the hospital, he found his jeep was missing and ultimately, he came to know that the police has lifted the said jeep and kept in the police station. The jeep was not released and as such on 30.11.2000. the petitioner went to the police with all the relevant papers of the vehicle in order to meet the Officer-in-charge but again he was told that the officer-in-charge could be met only in the evening. Ultimately, he came to know that a case has been lodged in respect of the said vehicle with the District Transport Officer, Aurangabad. A notice was served to the son of the petitioner on 30.11.2000 and he was directed to be present in the office of the District Transport Officer, Aurangabad on 3.12.2000. 4. In pursuance of the notice, the petitioner fiied his show cause on 2.12.2000 itself. A copy of the same is Annexure-5- Further, it is alleged that without giving an opportunity of being heard, the District Transport Officer, passed the impugned order on 7.12.2000 directing the petitioner to deposit the said amount as tax from the date of its registration. The impugned order is Annexure-6. It is further alleged that after the said incidence, the police adopted a method of seizing such vehicle for their personal use. 5. From the impugned order as contained in Annexure-6, it appears that respondent no. 2 has not given any plausible reason for which he could not found the show cause of the petitioner satisfactory. He has merely stated that Wahan Malik Dwara Samarpit Karanprichha santoshprad nahin paya gaya". 5. From the impugned order as contained in Annexure-6, it appears that respondent no. 2 has not given any plausible reason for which he could not found the show cause of the petitioner satisfactory. He has merely stated that Wahan Malik Dwara Samarpit Karanprichha santoshprad nahin paya gaya". On a similar circumstance, this court, on 4.1.2001 in the case of Mokhtar Khan V/s. The State of Bihar and anr. (C.W.J.C. No. 13784 of 2000), set aside the order of the District Transport officer and directed him to hear the owner of the vehicle and to give a reasoned order for imposing a tax as well as fine. In the present case also. I find that respondent no. 2, without applying his mind, has simply stated that the show cause filed by the petitioner was not satisfactory. 6. Learned counsel for the State very fairly submits that the impugned order may be set aside and the matter may be remitted back to the District Transport Officer, Aurangabad for fresh consideration after hearing the petitioner. 7. In the result, this writ application is allowed and the impugned order dated 7.12.2000 as contained in Annexure-6 is hereby set aside and the matter is remitted to respondent no. 2 the District Transport Officer, Aurangabad who is also directed to consider the show cause of the petitioner and after hearing him, pass a reasoned order. The same must be done within two weeks from the date of production/receipt of a copy of this order. Till final order is passed, the vehicle in question will not be released and it will be ensured by respondent no. 2 that the said jeep bearing registration no. BR-26/2976 is not used by any other authority particularly the police personnel.