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Patna High Court

Narendra Kumar SinghversusThe State of Bihar, through the Chief Secretary, Old Secretariat, Police Station- Sachiwalaya

Decided
Disposal
DISPOSED

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.
Patna High Court CR. WJC No.1387 of 2017(18) dt.25-02-2026
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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
Patna High Court CR. WJC No.1387 of 2017(18) dt.25-02-2026
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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.
            Patna High Court CR. WJC No.1387 of 2017(18) dt.25-02-2026
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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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