High Court · 2025

8. The contention of the petitioners is that the e-challans were issued in respect of vehicles owned by them during the period 31.12.2016 to 31.12.2021 and details thereof have been mentioned in a chart contained in Annexure No.2. By means of the said amendments, the said e-challans stand abated. In spite of it, the web-portal of the Transport Department of the Government of Uttar Pradesh has not deleted the said e-challans which continued to be reflected thereon.

9. Learned Counsel for the petitioners has invited our attention to Annexure No.1 which is an office order issued by the Transport Commissioner informing the subordinate officials that in view of the aforesaid amendments, the e- challans issued during the period 31.12.2016 to 31.12.2021 are being abated by the Judicial Officers and thereafter, the order says that a list of such abated cases should be obtained from the Courts and consequently, the e-challans should be deleted from the web portal.

10. We are of the opinion that by operation of law quoted hereinabove all these e-challans have abated, therefore, the Courts where such cases are pending need to consign them in the light of the aforesaid provisions.

11. We have also considered the circular issued by the Transport Commissioner dated 27.09.2023, point No.2 of which speaks that such e-challan would be disposed of only after appropriate orders are passed by the Court. By operation of law all these e-challans have abated and the Courts have to consign these matters at their end wherever they are pending. Merely because this has not been done in spite of the amendment of 2023, the petitioners can not be made to suffer as it would be against the legislative intent. A Co-ordinate Bench of this Court at Allahabad had also passed a judgment on 15.05.2024 in Writ A No.7556 of 2024 (Mohammad Yusuf vs. State of U.P. and 2 Others) on similar lines, however, learned Additional Chief Standing Counsel says that some of the challans which have been quashed in the said case are beyond the period mentioned in the amendment referred hereinabove.

12. We, accordingly, direct the Transport Commissioner to delete all such details which may be reflected on the web portal of the Transport Department of Government of Uttar Pradesh pertaining to the e-challans issued against the petitioners during the period 31.12.2016 to 31.12.2021 details of which have been given in Annexure No.2 which are covered by the amendment of 2023 referred hereinabove and the same shall be treated as abated, positively within one month from the date a certified copy of this order is produced before the Transport Commissioner, with information to the Court concerned alongwith a certified copy of this order.

13. The writ petition is allowed in the aforesaid terms.

14. Let a copy of this order be sent to the Registrar General of this Court for placing it before the competent level on the administrative side of the High Court for considering issuance of necessary directions to the Magistrates or other Courts where such e-challans which are covered by the provisions of law referred hereinabove may still be pending so that the same can be consigned as abated, unless such directions have already been issued. Order Date :- 16.5.2025 -Piyush- (Om Prakash Shukla, J.) (Rajan Roy, J.) PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

8. The contention of the petitioners is that the e-challans were issued in respect of vehicles owned by them during the period 31.12.2016 to 31.12.2021 and details thereof have been mentioned in a chart contained in Annexure No.2. By means of the said amendments, the said e-challans stand abated. In spite of it, the web-portal of the Transport Department of the Government of Uttar Pradesh has not deleted the said e-challans which continued to be reflected thereon.

9. Learned Counsel for the petitioners has invited our attention to Annexure No.1 which is an office order issued by the Transport Commissioner informing the subordinate officials that in view of the aforesaid amendments, the e- challans issued during the period 31.12.2016 to 31.12.2021 are being abated by the Judicial Officers and thereafter, the order says that a list of such abated cases should be obtained from the Courts and consequently, the e-challans should be deleted from the web portal.

10. We are of the opinion that by operation of law quoted hereinabove all these e-challans have abated, therefore, the Courts where such cases are pending need to consign them in the light of the aforesaid provisions.

11. We have also considered the circular issued by the Transport Commissioner dated 27.09.2023, point No.2 of which speaks that such e-challan would be disposed of only after appropriate orders are passed by the Court. By operation of law all these e-challans have abated and the Courts have to consign these matters at their end wherever they are pending. Merely because this has not been done in spite of the amendment of 2023, the petitioners can not be made to suffer as it would be against the legislative intent. A Co-ordinate Bench of this Court at Allahabad had also passed a judgment on 15.05.2024 in Writ A No.7556 of 2024 (Mohammad Yusuf vs. State of U.P. and 2 Others) on similar lines, however, learned Additional Chief Standing Counsel says that some of the challans which have been quashed in the said case are beyond the period mentioned in the amendment referred hereinabove.

12. We, accordingly, direct the Transport Commissioner to delete all such details which may be reflected on the web portal of the Transport Department of Government of Uttar Pradesh pertaining to the e-challans issued against the petitioners during the period 31.12.2016 to 31.12.2021 details of which have been given in Annexure No.2 which are covered by the amendment of 2023 referred hereinabove and the same shall be treated as abated, positively within one month from the date a certified copy of this order is produced before the Transport Commissioner, with information to the Court concerned alongwith a certified copy of this order.

13. The writ petition is allowed in the aforesaid terms.

14. Let a copy of this order be sent to the Registrar General of this Court for placing it before the competent level on the administrative side of the High Court for considering issuance of necessary directions to the Magistrates or other Courts where such e-challans which are covered by the provisions of law referred hereinabove may still be pending so that the same can be consigned as abated, unless such directions have already been issued. Order Date :- 16.5.2025 -Piyush- (Om Prakash Shukla, J.) (Rajan Roy, J.) PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench