VINESH KUMAR CHOPDA vs STATE OF CHHATTISGARH

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CGHC010036512025 2026:CGHC:38539-DB
NAFR
ROHIT
KUMAR
CHANDRA
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed
by ROHIT
KUMAR
CHANDRA
WPPIL No. 20 of 2025
Vinesh Kumar Chopda S/o Late Umedchand Ji Chopda Aged About 68
Years Caste- Jain, Occupation- Journalist, R/o Flat No. 202, Second
Floor, B- Block, Green Heights Apartment, Kaurenbhata, Rajnandgaon
Tehsil And District- Rajnandgaon, Chhattisgarh
... Petitioner
versus
1 - State of Chhattisgarh Through Its Secretary, Department of
Transport, Third Floor, Block- C, Indravati Bhawan, Naya Raipur,
Mantralaya, Raipur, Chhattisgarh
2 - Deputy Secretary Department of Transport, Indravati Bhawan, Naya
Raipur, Mantralaya, Raipur, Chhattisgarh
3 - Upper Secretary Department of Transport, Indravati Bhawan, Naya
Raipur, Mantralaya, Raipur, Chhattisgarh
4 - Transport Commissioner Block C, 3rd Floor, Indravati Bhawan, Atal
Nagar, Atal Nagar-Nava Raipur
5 - Joint Commissioner Indravati Bhawan, Atal Nagar, Atal Nagar-Nava
Raipur
6 - Regional Transport Officer Raipur, Division- Raipur C.G
7 - Regional Transport Officer Bilaspur, Division - Bilaspur C.G
8 - Regional Transport Officer Sarguja, Division- Sarguja C.G
9 - Regional Transport Officer Bastar, Division- Bastar C.G
10 - Regional Transport Officer Durg, Division- Durg C.G
11 - Additional Regional Transport Officer Rajnandgaon, District-
Rajnandgaon C.G
12 - District Transport Officer District- Kabirdham C.G
13 - District Transport Officer District- Kanker C.G
14 - District Transport Officer District- Mahasamund C.G
15 - District Transport Officer District- Dhamtari C.G
16 - District Transport Officer District- Korba C.G

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17 - District Transport Officer District- Dantewada C.G
18 - District Transport Officer District- Janjgir-Champa C.G
19 - District Transport Officer District- Raigarh C.G
20 - District Transport Officer District- Koriya C.G
21 - District Transport Officer District- Jashpur C.G
22 - District Transport Officer District- Mungeli C.G
23 - District Transport Officer District- Ballodabazar-Bhatapara C.G
24 - District Transport Officer District- Gariyaband C.G
25 - District Transport Officer District- Bemetara C.G
26 - District Transport Officer District- Balod C.G
27 - District Transport Officer District- Kondagaon C.G
28 - District Transport Officer District- Surajpur C.G
29 - District Transport Officer District- Balrampur-Ramanujganj C.G
30 - District Transport Officer District- Narayanpur C.G
31 - District Transport Officer District- Bijapur C.G
32 - District Transport Officer District- Sukma C.G
33 - District Transport Officer District- Gaurela-Pendra-Marwahi C.G
... Respondents
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For Petitioner : Mr. Rishabh Bisen, Advocate
For State/Respondents : Mr. Praveen Das, Addl. Advocate General
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Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal Judge ,
Order on Board
Per Ramesh Sinha, Chief Justice
. 09 01 .202 6
1. Heard Mr. Rishabh Bisen, learned counsel for the petitioner. Also
heard Mr. Praveen Das, learned Additional Advocate General,
appearing for the State/respondents.
2. By way of the present petition styled as ‘Public Interest Litigation’,
the petitioner had projected the issue of passenger buses/stage

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carriage being operated without conductor / license conductor
alleging that in the State of Chhattisgarh there are total 68,369
registered passenger buses and only near about less than 1000
are role licence conductor have their registration as conductor to
perform their duty/ role and most of the passenger buses are
being operated without conductor / license conductor and for
issuance of direction to the respondents to satisfy the presence of
licence conductor in every registered passenger bus/stage
carriage which being operated on road within the territory of the
State of Chhattisgarh by satisfying also the role of licence
conductor which has been described in Motor Vehicle Act, 1988
and Central Motor Vehicle Rule, 1989 because fact has been
disclosed that no other person can act as conductor except
licence conductor also because the number of Licence Conductor
is not up-to the registered passenger bus/stage carriage in view of
safety of Public at Large. Further seeking issuance of direction to
Transport Flying Squad and every check points to ensure that no
stage carriage/passenger bus shall operate on road without
registered/licence conductor and role of licence conductor has
been performed or not.
3. Considering the seriousness of the issue involved in the present
matter, four week’s time was granted to learned State counsel to
file reply in the matter and thereafter, further two week’s time was
granted to the petitioner to file rejoinder, if any.
4. Pursuant thereto, reply has been filed by the State. Relevant

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portion of the said reply reads as under :
“2. It is respectfully submitted that the petitioner has
filed the instant writ petition Public Interest Litigation
alleging that in the State of Chhattisgarh there total
68,369 registered passenger buses and only near
about less than 1000 are role licence conductor have
their registration as conductor to perform their
duty/role and most of passenger buses are being
operated without conductor/licence conductor.
3. It is respectfully submitted that as on 24.01.2025
the total number of registered passenger buses is
14488 and the total number of school buses is 7236.
Thus, the total number of registered buses is 21724.
Against 21724 registered buses, the total number of
licencee conductors is 1012.
4. It is most humbly submitted that the Section 38
of the Motor Vehicle Act, 1988 provides for granting
license to the bus conductor of the passenger buses.
It is further submitted that Sections 25, 26, 27 of the
Chhattisgarh Motor Vehicle Rules, 1994 provides with
regard to issuance of licence/batch to the passenger
bus conductors.
5. It is submitted that time to time directions /letters
have already been issued to the Regional Transport
Officer, District Transport Officers for issuance of
licence to the bus conductor and to take strict action in
case of operating the passenger buses without
lincensee conductor as per the provisions of the
Rules. Vide letter dated 19.01.2024 the Transport
Commissioner Chhattisgarh directed all the Regional
Transport Officer, Additional Transport Officers and
District Transport Officers of the State of Chhattisgarh
for issuance of the licence to the conductors of the
passengers buses and to initiate action against the
buses, who are running without licensee conductors.
Copy of letter dated 19.01.2024 is filed herewith as
ANNEXURE R-1.
6. It is respectfully submitted that the Additional
Transport Commissioner Chhattisgarh vide order
dated 24.05.2024 directed to all the Regional
Transport Officer, Additional Regional Transport

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Officers, District Transport Officers, Incharge Flying
Squad/Chekpost Chhattisgarh for issuance of uniform
and identity cards to the drivers/conductors of the
private vehicles. Copy of order dated 24.05.2024 is
filed herewith as ANNEXURE R-2. Further, vide letter
dated 11.07.2024 was issued color of the regard with
to uniform of the drivers/conductors of the private
vehicles. Copy of letter dated 11.07.2024 is filed
herewith as ANNEXURE R-3.
7. It is further submitted that on 24.01.2025 the Dy.
Transport Commissioner Raipur Chhattisgarh has also
issued directions for issuance of licence to the bus
conductors. Copy of letter dated 24.01.2025 is filed
herewith as ANNEXURE R-4.
8. It is respectfully submitted that in compliance of
the orders time to time issued by the State
Government and as per the provisions of the Motors
Vehicle Act, the respondent authorities have taken
actions against the passenger buses, who are
operating without licensee conductors. In the month of
January, 2025, as per the provision of Motor Vehicle
Act total action have been taken against 165 buses in
the Check Posts and imposed penalty of Rs.
1,67,600/-. It is also submitted that the Flying Squad
has also taken action against total 169 buses and
imposed penalty of Rs. 1,16,100/-. Copy of report of
January, 2025 is filed herewith as ANNEXURE R-5.
9. It is humbly submitted that from April 2024 to
February, 2025, the respondent authorities have taken
action under Section 3/181 of the Motor Vehicle Act,
1988 against total 1,61,377 vehicles, who are running
without Driver license and valid documents and
imposed penalty of Rs. 19,77,02,700/- Copy of chart
showing actions U/s 3/181 of Motor Vehicle Act is filed
herewith as ANNEXURE R-6.
18. That, the respondent authorities have also taken
action under Section 29/177 of the Motor Vehicle Act,
1988 against total 566 vehicles running without
conductor license and imposed penalty of Rs.
4,08,000/-. Copy of chart showing action as per
Section 29/177 of the Motor Vehicle Act, 1988 is filed
herewith as ANNEXURE R-7.

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5. In response to the reply filed by the State, the petitioner has also
filed rejoinder. Relevant portion of the same reads as under :
“1. That, paragraph 1 of the reply of state/
respondents doesn't requires any rejoinder as it contain
the relief clause of the PIL.
2. That, paragraph No. 2 of the reply of
state/respondents, states that petitioner has filed the
Public Interest Litigation alleging that in the state of
Chhattisgarh there is total 68,369 registered passenger
buses and only near about less than 1000 are role
licence conductor have their registration as conductor
to perform their duty/role and most of passenger buses
are being operated without conductor/licence
conductor.
3. That, against the reply of paragraph No.
2/allegations of the reply of state/respondent that as on
24.01.2025 the total Number of registered passenger
buses is 14488 and the total no. of school buses is
7236, thus the total no. of registered buses is 21,724
and against the 21,724 registered buses, the total
number of licence conductor is 1012 which is now an
admitted fact that there is no licence conductor which is
up-to or match the no. of registered buses every day to
measure public safety and to compliance of the
relevant Acts and also the information obtain under
Right to information act which is duly an part of
annexure as ANNEXURE P/1 there is 68,369 buses
are registered and in operation for whicvehicle is only
1012 registered conductor and also it is also not
disclosed by any documents or by any written reply by
the state that, the Number which are declaring to be
14488 registered passenger buses and 7236 school
buses is only for the state or the number of registered
buses is for the whole state of Chhattisgarh.
4. That, paragraph no. 4 of the reply of the state also
submits that, the state is not denying what is the rules
has been framed by the legislature.
5. That, paragraph no. 5 of the reply of state
suggests that direction/letters has been issued timely
for strict action in case of operating the passenger

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buses without licence conductor and the annexure R-1
also directs that to take action against the violators and
directs to satisfactory availability of the registered
licensee at every passengers buses from the reply of
the it is clear that there is no sufficient Numbers of the
registered conductors to ensure the provisions and
compliance of the Act as there is no such increase in
Number of registered Conductors.
6. That, paragraph no. 6 of the reply of the state
also issued direction through letter dated 24.05.2025
for issuance of uniform and identity cards to the driver
and for color of driver/conductor uniform.
7. That, from the reply of the state in paragraph No.
7 on 24.01.2025 direction was issued to issue licence
to conductors.
8. That, from the reply of the state in paragraph No.
8, in month of January 2025, against 165 Buses action
has been taken which are operating without licensee
conductors and by flying squad against 169 buses
action has been taken of imposition of penalty.
9. That, from the reply of state in paragraph no. 9
that from April 2024 to February 2025 under section
3/181 of moto vehicle act, 1988 against total 1,61,377
vehicles who are operating without driving licence and
valid documents, which is not the contention of the
petitioner and is completely against the subject of the
this PIL, so the submissions of the reply in paragraph
no. 9 of reply of the state is highly not admissible.
10. That, in reply of state in paragraph no. 10, under
section 29/177 of motor vehicle act, 1988 against total
566 vehicles action has been taken by imposing
penalty of Rs. 4,08,000, which is also not appropriate
action the state and there officers has to act ensuring
the availability/presence of registered conductor in
every registered buses as per the reply of the state
which is as 21,724 registered buses and for which
there is 1012 registered conductor which is not up-to
the number of registered Buses and there is no action
of state to ensure to increase the numbers of
registered licence conductor as up-to the buses in
operation, from the difference of the Numbers of
registered buses and registered conductor it is not at

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all possible the ensure the duty of the registered
conductor for the passengers and for general safety of
public at large.
11. That, relief clause of the petitioner has not been
complied by the state even after giving sufficient
opportunity.
6. We have heard learned counsel for the petitioner as well as
learned State counsel and have perused the pleadings and
documents placed on record.
7. The grievance raised by the petitioner in the present Public
Interest Litigation is essentially with regard to operation of
passenger buses/stage carriages without a duly licensed
conductor and the alleged failure of the respondent authorities to
ensure compliance with the provisions of the Motor Vehicles Act,
1988 and the Rules framed thereunder.
8. From the reply filed by the State, it is apparent that the statutory
requirement regarding licensing of conductors has not been
disputed. The State has specifically referred to Section 38 of the
Motor Vehicles Act, 1988 and Rules 25, 26 and 27 of the
Chhattisgarh Motor Vehicles Rules, 1994 governing the
licensing/batch of conductors. The State has further placed on
record various communications issued by the competent transport
authorities directing the concerned Regional Transport Officers,
District Transport Officers, Flying Squads and Check Posts to
ensure issuance of conductor licences and to take action against
passenger buses being operated without duly licensed
conductors.

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9. The material placed on record further demonstrates that the
respondent authorities have not remained inactive. As stated in
the reply, during January, 2025, action was taken against 165
buses at Check Posts, with penalty of Rs.1,67,600/-, while the
Flying Squad took action against 169 buses and imposed penalty
of Rs.1,16,100/-. The State has also stated that, during the period
from April, 2024 to February, 2025, action was taken against
vehicles found operating without requisite driving licences/valid
documents and, specifically, action under Sections 29/177 of the
Motor Vehicles Act, 1988 was taken against 566 vehicles for
operating without conductor licences, with penalty of
Rs.4,08,000/-.
10. The principal objection of the petitioner is that the number of
licensed conductors stated by the State, i.e. 1,012 as against
14,488 registered passenger buses and 7,236 school buses, is
not sufficient to ensure the presence of a licensed conductor in
every bus. However, mere comparison of the aggregate number
of registered buses with the aggregate number of licensed
conductors, by itself, cannot establish that the statutory
requirement is being violated in respect of every vehicle. The
requirement has to be examined with reference to the class of
vehicle, its actual operation as a stage carriage/passenger
vehicle, the applicable permit conditions and the statutory
provisions governing the engagement and licensing of
conductors.

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11. At the same time, the concern expressed by the petitioner
regarding the safety of passengers and strict enforcement of the
statutory provisions cannot be said to be wholly without
substance. The reply of the State itself demonstrates that
instances of operation of vehicles without licensed conductors
have been detected and action has been taken against such
vehicles. Thus, the issue raised in the petition is already receiving
attention at the administrative and enforcement level.
12. In view of the aforesaid position, no further general or roving
direction is called for from this Court. The competent transport
authorities are, however, expected to continue to strictly enforce
the provisions of the Motor Vehicles Act, 1988 and the
Chhattisgarh Motor Vehicles Rules, 1994 and the conditions of the
respective permits, and to take appropriate action wherever a
stage carriage/passenger bus is found to be operating in violation
of the statutory requirement relating to a licensed conductor.
13. Consequently, the relief sought by the petitioner stands
substantially addressed by the statutory framework, the directions
already issued by the respondent authorities and the enforcement
measures disclosed in the return. We, therefore, do not find any
occasion to issue any further mandatory direction in the present
Public Interest Litigation.
14. The writ petition is, accordingly, disposed of with an observation
that the respondent authorities shall remain vigilant and ensure
effective and continuous enforcement of the applicable provisions

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relating to licensed conductors in stage carriages/passenger
buses. In the event of any specific violation, it shall be open to the
concerned authority to take action in accordance with law.
15. It is made clear that we have not expressed any opinion on the
correctness of the petitioner's assertion regarding the total
number of registered buses or the precise number of licensed
conductors, as the same is not necessary for adjudication of the
present petition.
16. No order as to costs.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha )
Judge Chief Justice
Chandra