Advocates:
['ROHIT RANJAN SINHA', '', 'AKCHANSH KISHORE', 'NAMRATA KUMARI', 'RAJIV RANJAN']

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(C) No. 2669 of 2022

---

Vijay Sahu

…

…

Petitioner

Versus

1. The State of Jharkhand through the Secretary, Department of

Transport, Government of Jharkhand, Ranchi

2. The Secretary, Department of Transport, Government of Jharkhand,

Ranchi

3. Transport Commissioner, Department of Transport, Government of

Jharkhand, Ranchi

4. Joint Transport Commissioner, Department of Transport, Government of

Jharkhand, Ranchi

5. District Transport Officer, Hazaribag

….

…

Respondents

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioner

: Mr. Rohit Ranjan Sinha, Advocate

Ms. Namrata Kumari, Advocate

For the Respondents

: Mr. Mohan Kumar Dubey, A.C. to A.G.

Order No. 02

Dated: 11.07.2022

The present writ petition has been filed for quashing the order of

blacklisting the petitioner’s vehicle bearing registration no. ‘JH 02AY 2309’

(TATA LPK 2518 CRE BS-IV) as has been uploaded in mParivahan-the

official portal of the Department of Transport, Government of Jharkhand

(Annexure-4 to the writ petition). The petitioner has also prayed for

quashing/setting aside letter as contained in memo no. 603 dated

25.05.2022 (Anneuxre-5 to the writ petition) issued by the Joint Transport

Commissioner, Jharkhand (the respondent no. 4) to all the District

Transport Officers of Jharkhand directing them to take action against 3904

vehicles and 09 licensees who have not paid their respective tax/fee as per

information given by N.I.C., so far as the same relates to the petitioner’s

vehicle.

2.

Learned counsel for the petitioner submits that the petitioner has

regularly deposited the tax against his aforesaid vehicle and recently on

04.05.2022, he has deposited tax of Rs.5,800/- against the aforesaid

vehicle for the period from 15.05.2022 to 14.08.2022 vide GRN No.

2211117509

(corresponding

to

transaction

identification

no.-

JHY2205040897700 and Bank Reference No.-2704023273332). The said

payment has been made through e-GRAS portal which is a government

receipts accounting system being maintained by the Finance Department,

Government of Jharkhand. If at all there was any fault in online payment

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gateway of the said e-GRAS portal, the petitioner cannot be penalized for

the same.

3.

According to the learned counsel for the petitioner, there is no dues

against the petitioner’s aforesaid vehicle, rather blacklisting of his vehicle

vide Anneuxre-4 and letter as contained in memo no. 603 dated

25.05.2022 issued by the respondent no. 4 to take action against the

concerned vehicles and licensees including their blacklisting (so far as the

same relates to the petitioner’s vehicle), are completely illegal and

arbitrary.

4.

Mr. Mohan Kumar Dubey, learned A.C. to A.G. appearing on behalf of

the respondents, submits that the aforesaid submission of the counsel for

the petitioner is factual in nature which is required to be verified by a

competent authority.

5.

Having heard the learned counsel for the parties and considering the

nature of dispute raised by the petitioner in the present writ petition,

without entering into the merit of the case, the petitioner is given liberty

to prefer a fresh representation on the present issue before the

respondent no. 3- the Transport Commissioner, Department of Transport,

Government of Jharkhand, along with proof of payment of tax for the

vehicle in question. On receipt of the said representation, the respondent

no. 3, after providing due opportunity of hearing to the petitioner/his

representative and on making an inquiry, shall take an appropriate

informed decision within two months from the date of filing of the said

representation.

6.

The writ petition is disposed of with aforesaid liberty and direction.

7.

I.A. No. 5156 of 2022 also stands disposed of accordingly.

Ritesh/

(Raje