Court No. - 39
Case :- WRIT - A No. - 15095 of 2020 Petitioner :- Vivek Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Alkesh Singh Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondent nos.1 to 3.
Instant writ petition has been filed seeking following reliefs :
“(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned challan dated 27.09.2020 issued by respondent no.2 imposing fine of Rs.5250 as Annexure no.3.
(ii) to issue a writ, order or direction in the nature of mandamus directing the respondent no.2 exempt the fine imposed by the respondent no.2 and do the fitness and released the vehicle and returned the papers.”
It is submitted that the petitioner is the owner of bus bearing registration no.UP- 80 CT-4460, duly registered having valid papers and its fitness certificate is valid up to 09.05.2020. Petitioner's papers have been seized by the respondent authority without any rhyme and reason and later vehicle was challaned and fine of Rs.5250/- was imposed on 27.09.2020. Petitioner had already surrendered papers relating to vehicle in question on 26.09.2020. Petitioner had moved an application dated 29.10.2020 (Annexure no.6 to the writ petition) for cancelling challan of the vehicle before A.R.T.O., respondent no.2 and has also moved representation dated 02.11.2020 (Annexure no.7 to the writ petition) before the District Magistrate, respondent no.3, but the same are still pending for consideration.
Learned Standing Counsel has submitted that some reasonable time may be allowed to consider the representations of the petitioner by respondent nos.2 and 3.
Having considered the submissions advanced by learned counsel for the parties, writ petition is disposed of with a direction to respondent nos.2 to decide the representation vide Annexures No.6 to the writ petition moved by petitioner expeditiously, preferably within a period of four weeks from the date of receipt of a copy of this order.
Order Date :- 6.1.2021 Manish Himwan