RAJVEER PRAVINCHANDRA UPADHYAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the present writ petition, the petitioner has prayed for the following reliefs:-

(2.) The petitioner prays for quashing and setting aside e-challan auto rickshaw No.GJ-01-DU-7271 and the order dtd. 17/7/2020 passed by the respondent no.4 rejecting the application of the petitioner.

(3.) Learned advocate Mr.J.L.Chan appearing for the petitioner has submitted that the petitioner does not want to compound the offence and he would like to face the trial since as per his say the rickshaw, which is caught in the CCTV camera, does not clearly indicate that its his rickshaw. It is submitted that the authorities are incorporating the provisions of the Motor Vehicles Act, 1988 (for short "the Act") purely to extort the money and there is no regulation or any provision provided to issue e-challan. It is submitted that the petitioner had categorically made a representation that he wanted to challenge the traffic e-challan, but the respondent nos.3 and 4 without following principles of natural justice have arbitrarily passed the orders. It is submitted that in wake of the aforesaid facts and in absence of any provision of law, the petitioner cannot be saddled with the amount of Rs.300.00.