Vijay Mohan Das Gidwani v. The State of Assam and 4 Ors

ORDER

19.06.2024 Heard Mr. A Sarmah, learned counsel for the petitioner. Also heard Ms. M.D. Borah, learned Standing Counsel, Transport and Mr. P. Mahanta, learned counsel for the respondent No. 5. This writ petition has been filed by the petitioner put into challenge the seizure of the City Bus which is owned by the writ petitioner for alleged violation of the terms of the permit. The learned counsel for the respondent has placed before the Court an order dated 14.06.2024 passed in W.P.(C) No. 3039/2024 submitted that a similar wit petition has been dismissed by the Co-ordinate Bench giving liberty to file an appeal before the Grievance Redressal System Portal opened by the Ministry of Road Transport Department and Highways. She submits that this writ petitioner is similarly placed and therefore the similar order be passed in the present writ petition. The learned counsel for the petitioner although initially submitted that his grievance is with regard to the powers exercised by the DTO by issuing challan. He however fairly submits that there is an alternative remedy and the grievances Page No.# 3/3 raised in W.P.(C) No. 3039/2024 and the present writ petition are similar. Accordingly, this writ petition stands disposed of without commenting on the merits of the case relegating the writ petitioner file an statutory appeal stated to be available before the Grievance Redressal System Portal opened by the Ministry of Road Transport Department and Highways. The appeal be filed within the prescribed period if any and in the event, the appeal is filed, the authorities concerned will pass a reasoned order and disposing of the appeal within particular period of time. Accordingly, the writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010116552024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3059/2024o VIJAYoMOHANoDASoGIDWANIo SONoOFoLATEoMOHANDASoHASSOMALoGIDWANI,oRESIDENToOFoHOUSEo NO.o12,o1SToBYELANE,oMADHABDEVPUR,oREHABARI,oP.O.oREHABARI,oP.S.o PALTANBAZAR,oKAMRUPoMETRO,oASSAM,oPIN-o781008 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oTRANSPORToDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoREGIONALoTRANSPORToAUTHORITY oREPRESENTEDoBYoTHEoDISTRICToTRANSPORToOFFICERoANDoSECRETARY oKAMRUP oMETRO oBETKUCHI oGUWAHATI-40 3:DISTRICToTRANSPORToOFFICERoANDoSECRETARY oREGIONALoTRANSPORToAUTHORITY oKAMRUP oMETRO oBETKUCHI oGUWAHATI-40 4:DISTRICToTRANSPORToOFFICERo(DTO) oKAMRUP oMETRO oBETKUCHI oGUWAHATI-40 5:SRIoHIMANGSHUoKUMARoDAS Page No.# 2/3 DISTRICT TRANSPORT OFFICER KAMRUP METRO BETKUCHI GUWAHATI-4 Advocate for the Petitioner : MR. A SARMAH Advocate for the Respondent : SC, TRANSPORT DEPARTMENT, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA