Gauhati High Court
Chandan Dutta vs The State Of Assam And 4 Ors on 12 February, 2020
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/4
GAHC010007202020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 240/2020
1:CHANDAN DUTTA
PROPRIETOR OF M/S CHANDAN DUTTA, S/O- LT. SUDHANGSHU MOHAN
DUTTA, R/O- STATION ROAD, TARAPUR, P.O. AND P.S. SILCHAR, DIST.-
CACHAR, ASSAM, PIN- 788003
VERSUS
1:THE STATE OF ASSAM AND 4 ORS
REP. BY SECY. THE GOVT. OF ASSAM, TRANSPORT DEPTT., DISPUR, GHY-6
2:THE COMM. OF TRANSPORT
ASSAM JAWAHARNAGAR
KHANAPARA
GHY-22
3:THE SECRETARY
TRANSPORT BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
P.O. AND DIST.- KOKRAJHAR
ASSAM
4:THE JOINT COMMISSIONER OF TRANSPORT
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
P.O. AND DIST.- KOKRAJHAR
ASSAM
5:THE DISTRICT TRANSPORT OFFICER
KOKRAJHAR
BODOLAND TERRITORIAL COUNCIL
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KOKRAJHAR
P.O. AND DIST.- KOKRAJHAR
ASSA
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : SC, TRANSPORT
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 12-02-2020 Heard Mr. H. R. A. Choudhury, learned Senior counsel assisted by Ms. Rangmai, learned counsel for the petitioner. Also heard Mr. Y. Doloi, learned Standing Counsel, State Transport Department and Ms. R. B. Bora, learned Standing Counsel, BTC for respondent nos 3 to 5.
The petitioner is a scrap dealer and after purchasing the scrap materials from the PWD, Government of Mizoram in an auction sale and being lawfully allowed to lift the said scrap materials, the same were loaded in a vehicle (trailer) bearing registration No. NL-01/D- 8356 and sent the same to West Bengal from Silchar. On the way both the vehicle and the scrap materials were seized by the DTO, Kokrajhar vide seizure list dated 19.10.2019. The petitioner approached the DTO, Kokrajhar for release of the said vehicle and scraps which were disallowed.
The said order of the DTO, Kokrajhar was passed on 19.11.2019 subsequent to the order dated 08.11.2019 passed by the learned Chief Judicial Magistrate, Kokrajhar in Misc Case No. 34/2019 granting the liberty to the petitioner to approach the DTO, Kokrajhar for release of the vehicle. As apparent from the order dated 19.11.2019 by the District Transport Officer, Kokrajhar, the prayer for release of the vehicle and the scrap materials was refused due to non production of relevant documents like cancellation of RC of the damaged vehicle etc. As per the contention of Mr. Choudhury referring to Annexure-15 of this writ petition, the necessary certificate sought for by the DTO, was submitted which was issued by the Project Implementation Unit, Mizoram, Aizawl. It is his submission that even after such production of the documents both the vehicle and the scrap materials were not released by the DTO, Page No.# 3/4 Kokrajhar.
Mr. Doloi submits that as per his information in pursuance of the order dated 8.11.2019 of the learned C.J.M., Kokrajhar the petitioner submitted a certificate issued by the Project Implementation Unit, Mizoram which is reproduced hereinbelow:
GOVERNMENT OF MIZORAM OFFICE OF THE CHIEF ENGINEER (ROADS)PWD;AIZAWL;MIZORAM NO MPWD-79/PIU/AC/2019/77 DATED AIZAWL THE 25TH NOVEMBER 2019 TO WHOM IT MAY CONCERN This is to confirm that Mr.Zofawnsanga Owner of Venicle No. NL-01/D-8356 Caryyng the items:- i) Wheel Loader-HM 2021(WL-26) ii) Wheel Loader-HM 2021(WL-27), as registration of the Machineries have already been cancelled by the government on as such machineries are to be treated as "Scrap". As these items were auctioned off by the PED, Govt. of Mizoram and M/s Bhagheraatha Engineering Lrd.- ABL(JV) by Public Joint Action(Copy enclosed) as they have been standing idle fo more than 14 years and therefore no relevant documents can be produced. These items were awarded to Mr. Zofawnsanga, the highest bidder, as per the Awrd Order enclosed.
Sd Illegible (LALRINKIMA HNAMTE) Project Director Project Implementation Unit Mizoram, Aizawl"
So far the vehicle bearing No. NL-01/D-8356 is concerned, the documents produced were found to be valid. But in respect of the wheel loaders, no registration number as required under the Motor Vehicles Act could be produced by the petitioner nor certificate of cancellation of the registration as required under Section 55 of the Motor Vehicles Act, 1988 also could be produced. For the said reasons the concerned DTO questioned the certificate dated 25.11.2019 issued by the Project Director. The DTO is not satisfied with the certificate he has the authority to verify with the person concerned who issued the certificate or with the Government of Mizoram in order to satisfy the requirements under the Motor Vehicle Act, 1988 regarding registration of the wheel loaders and other criteria.
Mr. Choudhury, learned Senior Counsel submits that alongwith wheel loaders the vehicle carrying the said load is also detained which caused a substantial bearing on the part of the petitioner financially. Accordingly he sought for a direction to the DTO to release the said vehicle after off loading the wheel loaders.
Keeping in view the submission of learned counsel , the DTO shall release the vehicle bearing No. NL-01/D-8356 after off loading the wheel loaders and thereafter the DTO, Kokrajhar shall take necessary steps in order to verify the contents in the certificate dated 25.11.2019 and on being Page No.# 4/4 satisfied necessary order shall be passed.The said verification process shall be carried out and completed by the DTO, Kokrajhar at the earliest i.e within the outer limit of 15 days from the date of receipt of this order. The petitioner shall cooperate with the DTO, Kokrajhar in getting the information as and when required from the Government of Mizoram or any other authority.
With the said observation and direction this writ petition stands disposed of.
JUDGE Comparing Assistant