VIKASH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondents to release the petitioner's vehicle (sleeper bus) bearing registration no. BR-02W-4567 which has been seized by the Motor Vehicle Inspector, Lohardaga (the respondent no. 2) on 11/6/2021 under different provisions of the Jharkhand Motor Vehicles Act, 1988 (as amended vide Motor Vehicles Act, 2019) and Bihar (now Jharkhand) Motor Vehicles Taxation Act, 1994 (in short, "the Act, 1994") as amended vide Jharkhand Motor Vehicles Taxation Act, 2001 on the allegation that the said vehicle was being plied without paying the road tax, without having permit and PUCC and alteration in the form of installation of 09 extra sleeper berths as well as in violation of the order issued by the Government of Jharkhand during Covid-19 pandemic period and thereafter the vehicle has been handed over to Kuru Police Station, Lohardaga.

(2.) During pendency of the writ petition, a copy of calculation sheet dtd. 18/6/2021 (annexed as Annexure-A to the supplementary counter affidavit dtd. 25/2/2022) prepared under the signature of the respondent no. 2 showing imposition of fine amount of Rs.4,19,650.00 has been filed.

(3.) Learned counsel for the respondents submits that the petitioner has efficacious remedy of preferring an appeal under Sec. 26 of the Act, 1994 read with Rule 18 of the Bihar (now Jharkhand) Motor Vehicles Taxation Rules, 1994 before the concerned Regional Transport Officer.