RAM JEET YADAV Vs. TRANSPORT COMMISSIONER

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned standing counsel.

(2.) The petitioner is registered owner of a truck, which operates in the States of West Bengal, Jharkhand, Bihar, U.P. and Orissa on the basis of a national permit granted under Section 88 of the Motor Vehicles Act. He holds an authorisation certificate granted by the State Transport Authority, West Bengal for 5 States including U. P. vide Annexure-1 to the petition. In paragraph 6 of the petition it is stated that when his vehicle entered U.P. his bank draft was not accepted at the check post and his vehicle was seized on 9.7.2001, although his bank draft of Rs. 5,000 has been accepted by the A.R.T.O., Varanasi. He applied for release of his vehicle stating that his bank draft has been accepted, but respondents 2 and 3 directed him to pay 10 times penalty. Against the order dated 18.7.2001 he filed Writ Petition No. 906 of 2001, and this Court directed that the matter be re-heard vide order dated 8.8.2001, Annexure-4 to the writ petition. Thereafter the order dated 24.8.2001 was passed (vide Annexure-6 to the petition) on the basis of the Impugned circular dated 22.9.2000 demanding 10 times penalty.

(3.) A counter-affidavit has been filed and we have perused the same.