Patna High Court
Narendra Kumar SinghversusThe State of Bihar, through the Chief Secretary, Old Secretariat, Police Station- Sachiwalaya
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR PANDEY
Holding
The court ordered the State Transport Department to refund the Rs.750 fine and to pay the Rs.2,000 cost to the petitioner, thereby disposing of the writ.
Summary
The petitioner, an advocate, filed a criminal writ seeking refund of Rs.750 (fine plus towing charge) imposed by traffic police officials for allegedly parking his vehicle in a no‑parking area on 28‑04‑2017. The court noted that the petitioner had already paid the amount and contended that the vehicle was parked at a proper place, supported by photographs. The State Transport Department was directed to refund the fine and later to pay a cost of Rs.2,000 imposed for non‑compliance with earlier orders. The Department complied by transferring the fine amount and subsequently paying the cost via demand draft. Upon receipt of both amounts, the court held that the petitioner’s relief was granted and disposed of the writ.
Issues considered
- Whether the fine and towing charge of Rs.750 imposed on the petitioner was illegal and refundable.
- Whether the State Transport Department complied with the court's order to refund the amount.
- Whether the cost of Rs.2,000 imposed on the State for non‑compliance is payable to the petitioner.
Subjects
- parking violation
- refund of fine
- towing charge
- cost of proceedings
- criminal writ jurisdiction
- contempt of court
- transport department
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1387 of 2017
======================================================
Narendra Kumar Singh S/O Late Rama Kant Singh Advocate/Additional
Public Prosecutor, King's Chamber Advocate Association, Patna High Court,
Patna, Mob.- 7272985775.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Chief Secretary, Old Secretariat, Police
Station- Sachiwalaya Distt.- Patna-800015.
2. The Director General of Police, Bihar, Old Secretariat, P.S. - Sachiwalaya,
District - Patna - 800015
3. The Principal Secretary, Transport Department, Govt. of Bihar,
Vishweshwaraiya Bhawan, Bailey Road, P.S- Sachiwalaya, Distt.- Patna-
800015.
4. The State Transport Commissioner, Bihar, Vishweshwaraiya Bhawan, Bailey
Road, P.S. - Sachiwalaya, District- Patna-800015.
5. The Commissioner, Patna Division, Gandhi Maidan, P.S. - Kotwali, District
- Patna - 800001. Bihar
6. The District Magistrate, Gandhi Maidan, P.S. - Kotwali, District - Patna -
800001. Bihar
7. Sri Manu Maharaj, Senior Superintendent of Police, P.S. Kotwali, District -
Patna - 800001. Bihar
8. Sri Prantosh Kumar Das, Superintendent of Police Traffic, P.S. - Traffice
Police Station, Gandhi Maidan, Distt- Patna- 800001.
9. Sri P.K. Singh, Sub-Inspector Traffic, P.S. - Traffic Police Station , Gandhi
Maidan Distt.- Patna- 800001.
10. The Managing Director, Swadesh Parking and Towing Services, P.S. -
Traffic Police Station, Gandhi Maidan, Patna- 800001. Through S.P. Traffic,
Patna.
11. Name not known, Authorised Signatory, Swadesh Parking and Towing
Services, P.S- Traffic Police Station, Gandhi Maidan, Distt.- Patna- 800001.
Through S.P. Traffic, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Narendra Kumar Singh, Advocate in Person
Mr. Abay Kumar Kashyap, Advocate
For the Respondent/s : Mr. Sarvesh Kumar Singh, AAG-13
Mr. Parijat Saurav, AC to AAG-13
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
18 25-02-2026 Heard the parties.
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2. The present criminal writ has been filed inter alia
praying for refund of the amount of Rs. 750/- (Rs.100/-fine
+650/- towing charge) illegally charged by respondent Nos. 7 to
11 from the petitioner on the ground of parking of petitioner’s
vehicle bearing Regn. No. BR1AB-0899 on 28.04.2017 in “no
parking area”.
3. On 21.08.2025, following order was passed:-
“Heard the parties.
2. Learned counsel, who is practicing
advocate, submits that the petitioner being a
law abiding citizen and he had parked his
vehicle bearing Registration No. BR-22P-
2529 Entry time 12.45 PM and the
photograph is quite evident that at the
relevant time there was smooth free flaws of
traffic and no inconvenience is caused to
anyone by the parking of petitioner’s vehicle
at relevant place in front of LIC Building
near Fraser Road, Patna. The petitioner
being a practicing advocate was present at
the alleged parking place and the Sub
Inspector, Traffic Police Station, Gandhi
Maidan, Patna has taken away the vehicle
from the alleged place. He further submits
that vehicle has been released by making
payment of Rs.750/- as is evident from
Annexures-10 and 11 of the writ petition. He
further submits that the concerned S.I. has
wrongly imposed the fine which is not
appropriate as per provision of law.
3. Learned counsel for the State does
not contradict the submission on the point
that the said fine has been paid by the
petitioner and since the matter is pending
consideration since 2017, 8 years have
elapsed. He further submits that petitioner’s
vehicle was not parked at a proper parking
Patna High Court CR. WJC No.1387 of 2017(18) dt.25-02-2026
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place so the fine imposed upon the said
vehicle is justified and legal.
4. Considering the facts and
circumstances of the case and the material
available on record, it is crystal clear that
the fine amount of Rs.750/- has been paid by
the petitioner (Annexures-10 and 11) who is
a practicing advocate, has presented his
case by personal appearance and he has
submitted that he has suffered a loss and he
had parked his vehicle at a proper place but
the concerned authority has not taken into
account that the petitioner himself had
parked his vehicle at a particular place
which is not in any way in no parking place
and he has submitted that relevant
photographs suggests that the petitioner has
parked his vehicle at proper place.
5. Two weeks’ time is granted to the
learned counsel for the State to return back
the fine which has been given by the
petitioner himself.
6. Put up this matter on 04.09.2025.”
4. 01.12.2025, following order was passed:-
“Learned counsel for the State
representing the Transport Department seeks
adjournment by way of last indulgence.
2. As prayed for, list this matter on
15.12.2025.
3. It is made clear that if no assistance
is rendered on behalf of the learned counsel
for the State on the next date, any further
adjournment would be subject to payment of
cost of Rs.2,000/-.”
5. On 09.01.2026, following order was passed:-
“Learned counsel for the petitioner
submits that earlier order of this court has
not been complied as yet by the State
Transport Department though there was a
clear-cut direction that any further
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adjournment shall be subject to payment of
cost of Rs.2,000/-.
2. The concerned official of State
Transport Department is directed either to
comply the order or appear in person on the
next date and file show cause as to why
order of this Court has not been complied as
yet, failing which, he has to face contempt of
court proceedings under Rule 7(i) read with
Form 1 of Chapter XXVII of Rules of the
High Court at Patna framed under the
Contempt of Courts Act, 1971 (Act 70 of
1971).
3. List this matter on 30.01.2026.”
6. On 06.02.2026, following order was passed:-
“In compliance of the order dated
01.12.2025, learned counsel for the State
has paid an amount of of Rs. 650/- through
RTGS/NEFT and Rs. 100.00 through S.B.I.
demand draft No. 297821 both dated
21.01.2026 in the petitioner’s S.B.I. A/c.
No.10839305347, which the petitioner has
received.
2. The petitioner, being an advocate,
has submitted that he has suffered a lot in
pursuing the case. As such, the cost of
Rs.2000/- imposed on the State/respondent
vide order dated 01.12.2025 be paid to him.
3. Put up this matter on 20.02.2026.”
7. Today, in compliance of the order dated
01.12.2025, learned counsel for the State has paid the amount of
of cost of Rs. 2000/-, which was imposed on the
State/respondent, to the petitioner who appears in person, in
Court through S.B.I. Demand Draft No.297994 dated
13.02.2026 and the same has been received by the petitioner.
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8. In the light of the aforesaid facts and circumstances
of the case, the present criminal writ, i.e. Cr. W.J.C. No. 1387 of
2017, stands disposed of.
(Alok Kumar Pandey, J)
K.C.Jha/-
U T
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