TMI Blog2023 (5) TMI 1018X X X X Extracts X X X X X X X X Extracts X X X X ..... ugh the State of Bihar within the currency of its validity - notice under Section 129(1)(a) of the Act and the order determining penalty under Section 129(3) of the Act are issued simultaneously on the same date - parallel proceedings - HELD THAT:- This Court has gone through the notice under Section 129(1)(a) as well as the order imposing penalty on the same date i.e. 28.03.2022, contained in Annexure-6, both these orders have been issued by the proper officer simultaneously. It is ex facie evident that the notice and order have been recorded simultaneously by the same authority. The order imposing penalty does not record the fact of the petitioner s appearance or hearing prior to passing of the order. This Court would find that the no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appear before the proper officer on 05.04.2022 at 11:00AM. 2. The order of the proper officer imposing penalty has thereafter been assailed in appeal. The first appellate authority under order dated 24.03.2023 has rejected the petitioner s appeal (Annexure-9). 3. By way of the instant writ petition, the petitioner has assailed the two orders i.e. Annexure-6 and Annexure-9 issued by the proper officer and the appellate authority. 4. Learned senior counsel for the petitioner has made two fold submissions. First submission is that due to a breakdown of the vehicle, the same could not move through the State of Bihar within the currency of its validity. The bona fides of the petitioner was thus required to be considered. Without doing s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugh the notice under Section 129(1)(a) as well as the order imposing penalty on the same date i.e. 28.03.2022, contained in Annexure-6, both these orders have been issued by the proper officer simultaneously. It is ex facie evident that the notice and order have been recorded simultaneously by the same authority. The order imposing penalty does not record the fact of the petitioner s appearance or hearing prior to passing of the order. 9. This Court would find that the notice issued under Section 129(1)(a) was nothing more than an empty formality as no time/opportunity has been allowed pursuant to the notice, and immediately, on the same date, penalty has been recorded under Section 129(3). The determination of penalty under Section 129( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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