Udipta Saikia v. State of Assam and 4 Ors

ORDER Date : 14.06.2024

Heard Mr. A. Sarmah, learned counsel for the petitioners, Ms. M. D. Borah, learned counsel for the Transport Department and Mr. P. Mahanta, learned counsel for the private respondents.

¶2The petitioners are aggrieved with the challans issued to them by the Enforcement Wing of the Transport Department, wherein fines had been imposed for violating the terms and conditions of their diesel bus permits, while running their buses.

¶3The petitioners' counsel submits that though the fines imposed upon the petitioners appear to have been made due to violation of the terms and conditions of the bus permit, the same has actually been done due to the fact that the petitioners along with many other bus owners, had put a challenge to the decision of the State respondents, to run electric buses by offroading the buses that were running on diesel. He submits that the said case was registered as WP(C) 550/2024 and this Court, vide order dated 07.02.2024, had put a stay on the offroading of the buses that were being run on diesel. Further in the Page No.# 6/9 order dated 07.02.2024, this Court had also held that the pendency of WP(C) 550/2024 would not be a bar for the State respondents, to consider the modification of the permit of those 200 numbers of buses after hearing the bus holders, strictly under the provisions of Motor Vehicles Act, 1988 and the Rules framed thereunder.

¶4The petitioners' counsel submits that it is because of the challenge made by the petitioners to the scheme made by the State respondents to run electric buses by offroading diesel buses, that the respondents are now imposing fines for running the diesel buses of the petitioners. He also submits that the buses that have been caught violating the terms and conditions of the bus permit, are being parked in places where the responsibility and safety of the buses is not being taken up by the respondent authorities. He accordingly submits the respondents cannot be allowed to seize the vehicles of the petitioners, just because the terms and conditions of the permit have been violated and parking them in unsecured areas.

¶4The petitioners' counsel accordingly prays that the respondents should be directed to release the vehicles of the petitioners and to withdraw the fines imposed upon them.

¶6Ms. M. D. Borah, learned counsel for the Transport Department and Mr. P. Mahanta, learned counsel for the private respondents submit that all the cases pertain only to imposition of fines by way of challans, due to the buses of the petitioners not complying with the terms and conditions of the bus permits. As such, the matter only pertains to payment of fines. They submit that the petitioners should not be allowed to challenge challans for violations of the terms and conditions of the bus permits in writ proceedings, when there is an alternative remedy available to the petitioners. They submit that the petitioner Page No.# 7/9 can always file an appeal in the Grievance Redressal System portal of the Ministry of Road Transport and Highways.

¶7I have heard the learned counsels for the parties.

¶8WP(C) 3039/2024 pertains to the challan for picking up passengers from unauthorized bus stops, wherein the petitioner has been fined Rs. 10,000/-. The bus number involved is AS01MC0522. In WP(C) 3025/2024, the bus number involved is AS01LC4637 and a fine of Rs. 10,000/- has been imposed, as the bus was found carrying passengers with both the doors open. In WP(C) 3048/2024, the bus number involved is AS01LC2492 The traffic challan is in relation to a fine of Rs.10,000/-, for carrying passengers while running with both the doors open. In WP(C) 3028/2024, the bus number involved is AS01JC7686, wherein a fine of Rs.10,000/- has been imposed for carrying passengers with both the doors open, besides picking up passengers at unauthorized stoppage points.

¶9The terms and conditions of the petitioners' bus permits are to the following effect:- "(1) The Bus will strictly follow the Route as per Permit

(2) Route No., Routes, details and Permit Route Number to be prominently displayed on front, back and left side of the City Buses as notified vide Notification No.CT-STA/14/2017 Dated Guwahati the 14th Feb. 2020.

(3) Door of the City Buses must be closed at the time of running.

(4) The Door will be open only at the Bus Stoppages. The Bus would not move out of the parking slot/Bus lay bay. Until both the doors are closed. Page No.# 8/9

( (6) Time Card has to be maintained by the Associations.

5) Rear Door shall be used to ingress and Front Side Door is kept for Exit from the Bus

(7) The Buses will be allowed to wait only for one minute at a stop.

(8) GPS devicemust Be Installed and activated in the Bus.

(9) Police Whatsapp Complain No must be displayed on the back side of the City Buses.

(10) Ticket must be issued to the Passengers.

(11) The Behavior of Driver/Conductor/Staff of the City Buses should be Polite and helpful.

(12) Left side Overtaking is totally prohibited one Bus will not overtake another Bus running on the same route

(13) Uniform must be worn by the staff of the City Buses. (14)Seat Belt use is Mandatory for the Driver of the City Buses.

(15) Smoking by the staff and passengers is totally prohibited inside the City Buses.

(16) Over Loading of Passenger is prohibited.

(17) Driving dangerously and Excessive Speed is Un-Lawful.

(18) Unauthorized Parking of the City Buses is Un-Lawful.

(19) Noise and Air Pollution is an offence.

(20) Blowing Horn near notified areas i.e. School, College, Hospital, Educational Institute, etc, is prohibited.

(21) Driving under influence of Alcohol by the staff is strictly prohibited.

Page No.# 9/9

(22) In no case the Buses will divert from the route allowed in the Permit.

(*) Violation of any of the above condition will result in suspension/cancellation of Permit."

¶10A perusal of the challans clearly show that the penalties imposed are relatable to violation of the terms and conditions of the bus permit. Doors of the buses can be opened only at Bus Stops. As such, picking up passengers by opening doors at places other than bus stop is a violation of the terms and condition No. 4 of the bus permit. Though the petitioner has tried to make out a case that the challenge made to the scheme for offroading diesel buses by the State Government was the reason for issuance of the challans to the petitioners, this Court is of the view that the said issue raised by the petitioners pertains to disputed questions of fact and as such, cannot be decided by a writ court. Factual disputes requiring recording of evidence may have to be decided before a Civil Court. Further, as there is an alternative remedy available, which can be availed of by the petitioners, by filing an appeal before the Grievance Redressal System in the portal opened by the Ministry of Road Transport Department and Highways, this Court is of the view that the petitioners would have to avail the alternative remedy available. To deal with challans involving disputed questions of facts in a writ proceeding is not appropriate.

¶11In view of the reasons stated above, these writ petitions stand dismissed, as there is an alternative remedy available. JUDGE Comparing Assistant

PageoNo.#o1/9 GAHC010116492024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3039/2024o MUSRIFURoRAHMANo SONoOFoSYEDoJALILURoRAHMAN,oRESIDENToOFoHOUSEoNO.3,oBYEoLANEo 1,oNABAJYOTIoNAGAR,oPANJABARI,oKAMRUPoMETROoASSAM,oPIN-o781037 VERSUSo STATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oTRANSPORToDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoREGIONALoTRANSPORToAUTHORITY oREPRESENTEDoBYoTHEoDISTRICToTRANSPORToOFFICERoANDoSECRETARY oKAMRUPoMETRO oBETKUCHIoGUWAHATI-40 3:DISTRICToTRANSPORToOFFICERoANDoSECRETARY oREGIONALoTRANSPORToAUTHORITY oKAMRUPoMETRO oBETKUCHIoGUWAHATI-40 4:DISTRICToTRANSPORToOFFICERo(DTO) oKAMRUPoMETRO oBETKUCHIoGUWAHATI-40 5:SRIoNITUoCHETIA oENFORCEMENToINSPECTOR oDISTRICToTRANSPORToOFFICER oKAMRUPoMETRO oBETKUCHI oGUWAHATI-4o AdvocateoforotheoPetitionerooooo:oMR.oAoSARMAHo AdvocateoforotheoRespondento:oSC,oTRANSPORToDEPARTMENT,oASSAMoo Page No.# 2/9 Linked Case : WP(C)/3025/2024 UDIPTA SAIKIA SON OF LOLIT CHANDRA SAIKIA RESIDENT OF NEAR RAILWAY STATION SANTIPUR MORANHAT CHARAIDEO ASSAM PIN- 786670 VERSUS STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM TRANSPORT DEPARTMENT DISPUR GUWAHATI-6 2:THE REGIONAL TRANSPORT AUTHORITY REPRESENTED BY THE DISTRICT TRANSPORT OFFICER AND SECRETARY KAMRUP METRO BETKUCHI GUWAHATI-40 3:DISTRICT TRANSPORT OFFICER AND SECRETARY REGIONAL TRANSPORT AUTHORITY KAMRUP METRO BETKUCHI GUWAHATI-40 4:DISTRICT TRANSPORT OFFICER (DTO) KAMRUP METRO BETKUCHI GUWAHATI-40 5:SRI BIKRAMADITYA GOGOI ENFORCEMENT INSPECTOR DISTRICT TRANSPORT OFFICE KAMRUP METRO BETKHUCHI GUWAHATI-40 ------------ Advocate for : MR. A SARMAH Advocate for : SC TRANSPORT DEPARTMENT ASSAM appearing for STATE OF ASSAM AND 4 ORS Page No.# 3/9 Linked Case : WP(C)/3048/2024 NRIPEN CH DAS SON OF PRAFULLA CHANDRA DAS RESIDENT OF DHARAPUR AZARA IN THE DISTRICT OF KAMRUP (METRO) ASSAM PIN- 781017 VERSUS STATE OF ASSAM AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM TRANSPORT DEPARTMENT DISPUR GUWAHATI-6 2:THE REGIONAL TRANSPORT AUTHORITY REPRESENTED BY THE DISTRICT TRANSPORT OFFICER AND SECRETARY KAMRUP METRO BETKUCHI GUWAHATI-40 3:DISTRICT TRANSPORT OFFICER AND SECRETARY REGIONAL TRANSPORT AUTHORITY KAMRUP METRO BETKUCHI GUWAHATI-40 4:DISTRICT TRANSPORT OFFICER (DTO) KAMRUP METRO BETKUCHI GUWAHATI-40 5:SRI HIMANGSHU KUMAR DAS DISTRICT TRANSPORT OFFICER KAMRUP METRO BETKUCHI GUWAHATI-40 6:SRI BIKRAMADITYA GOGOI ENFORCEMENT INSPECTOR OFFICER OF THE DISTRICT TRANSPORT OFFICER KAMRUP METRO BETKUCHI GUWAHATI-40 Page No.# 4/9 ------------ Advocate for : MR. A SARMAH Advocate for : SC TRANSPORT DEPARTMENT ASSAM appearing for STATE OF ASSAM AND 5 ORS Linked Case : WP(C)/3028/2024 RAJESH RAM PHOOKAN S/O- PRABIN RAM PHOOKAN R/O- HOUSE NO. 35 BYE LANE NO. 03 SWARAJ NAGAR SARUMOTORIA ASSAM SACHIVALAYA P.S. DISPUR KAMRUP (METRO) ASSAM PIN- 781006. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM TRANSPORT DEPARTMENT DISPUR GUWAHATI-6. 2:THE REGIONAL TRANSPORT AUTHORITY REPRESENTED BY THE DISTRICT TRANSPORT OFFICER AND SECRETARY KAMRUP(M) BETKUCHI GUWAHATI-40. 3:DISTRICT TRANSPORT OFFICER AND SECRETARY REGIONAL TRANSPORT AUTHORITY KAMRUP METRO BETKUCHI GUWAHATI-40. 4:DISTRICT TRANSPORT OFFICER (DTO) KAMRUP METRO BETKUCHI GUWAHATI-40. 5:HIMANGSHU KUMAR DAS Page No.# 5/9 DISTRICT TRANSPORT OFFICER KAMRUP METRO BETKUCHI GUWAHATI-40. ------------ Advocate for : MR. A SARMAH Advocate for : SC TRANSPORT DEPARTMENT ASSAM appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA