2024:CGHC:30739 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4087 of 2024

1. Ankur Agrawal S/o Pradeep Agrawal, Aged About 34 Years R/o A-06, Mahalakshmi Greens, Tahsil And District Dhamtari, Chhattisgarh ... Petitioner versus

1. State Of Chhattisgarh Through Director, Department Of Mineral Administration, Indrawati Bhawan, Block-4, Second Floor, Naya Raipur District Raipur Chhattisgarh

2- Collector, Dhamtari District Dhamtari, Chhattisgarh

3- Collector (Mining) Dhamtari, District Dhamtari, Chhattisgarh

4- Mining Officer, District Dhamtari, Chhattisgarh

5- District Transport Officer, District Dhamtari, Chhattisgarh ... Respondents For Petitioner : Mr. Kishore Bhaduri, Senior Advocate assisted by Mr. Khulesh Sahu, Advocate For State : Mr. Praveen Das, Dy. Advocate General assisted by Mr. Shubham Bajpai, Panel Lawyer (Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

14/08/2024

1. The petitioner has filed this writ petition seeking following reliefs:-

“10.a This Hon’ble Court may be pleased to quash / set aside the impugned orders (Annexure P/1) passed by the respondents vide which penalties of various quantum has been imposed upon the petitioner and seized vehicle / equipment owned / hired by the petitioner may kindly be directed to be released; and

10.b This Hon’ble Court may be pleased to quash / set aside the impugned order (Annexure P/2) passed by the respondents vide which the weighing bridge has been unlawfully seized and respondent may kindly be directed to hand over the possession of the same to petitioner.

10.c This Hon’ble Court may be pleased to restrain / refrain the respondent authorities from recovering the penalty of specified quantum imposed upon petitioner vide the impugned orders; and

10.d This Hon’ble Court may be pleased to restrain / refrain the respondent authorities from undertaking any form of coercive action against petitioner in relation to the present cause; and /

or

10.e Any other relief that this Hon’ble Court may deem fit in the present case.”

2. Learned counsel for petitioner submits that petitioner is a transporter engaged in business of transporting sand. Petitioner is also having a weighing bridge. The hyva / trucks after loading of sand from the place of excavation of sand has to be weighed on the weighing bridge for ascertaining the weight of the goods loaded is according to the provisions / permit for transportation of the goods on a particular vehicle. At the time of surprise inspection of weighing bridge owned and operated by petitioner, by Government Officials, 21 hyvas’ loaded with sand were in queue for its weighment over the weighing bridge owned by petitioner. The Government Officials have arbitrarily considered loaded hyvas’ to be illegal storage of the sand near weighing bridge operated by petitioner and have straight away issued order imposing penalty for each of the vehicles mentioned therein. Copies of order imposing penalty are filed as Annexure-P/1. The orders imposing penalty (Annexure-P/1) are passed without following due procedure of law and in violation of principles of natural justice, therefore, the same are bad in law. He contended that no show cause notice was issued to petitioner before imposing penalty upon him, further all the vehicles, about 20 trucks and 1 JCB, along with weighing bridge has been seized and sealed due to which petitioner’s entire business activities have been stopped. As the action taken by respondent No. 2 to be arbitrary and in violation of principles of natural justice, the order, imposing penalty be quashed. If respondents want to take action against petitioner, then, they may initiate proceedings, following due procedure of law.

3. Mr. Praveen Das, Dy. Advocate General for the State opposes the submission made by learned Senior Advocate and would submit that upon surprise check by Government Officials of the particular Department, petitioner was found in illegal storage of 21 hyvas’ of sand. Show cause notice was issued to petitioner to which, repl