Rani @ Rani Tiwari vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20071 of 2025
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Rani @ Rani Tiwari Daughter of Rajendra Tiwari, Resident of Veer Kunwar
Singh Road, Near Shiv Mandir, C/o Nigam Pandey, Mohalla- Indrapuri,
Keshari Nagar, P.S- Shastri Nagar, District- Patna, Bihar.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Bihar Legal Service Authority, through the Member Secretary, Budh
Marg, Opposite Museum, Patna-800001.
3. The Principal Secretary, Department of Law, Govt. of Bihar, Patna.
4. The Secretary, Department of Transport, Govt. of Bihar, Patna.
5. The Additional Secretary, Department of Transport, Govt. of Bihar, Patna.
6. The Transport Commissioner, Govt. of Bihar, Patna.
... ... Respondents
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Appearance :
For the Petitioner : Mr. Vikash Kumar Pankaj, Advocate
For the State : Mr. P.K. Verma, AAG-3
Mr. Sanjay Kumar Ghosarvey, AC to AAG3
For BALSA : Mr. Dharmendra Kr. Singh, Member Secretary
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 23-06-2026
Heard learned counsel for the parties.
2. Mr. P.K. Verma, learned AAG-3 for the State-
Respondent submits that on 04.05.2026, the following
order was passed:-
“ 3. When the matter was taken up on 27.04.2026,
we passed the following order, the relevant part of
which are as follows:-
“5. At this stage, the learned Advocate
General stated that a Cabinet approval is

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necessary for issuing such notification and
fixing the amount payable under settlement or
compounding for different sections which deals
with different offences. He has assured this
Court that he shall do the needful in the
meantime and apprise this Court on the next
date.
6. In view of such submission made by the
learned Advocate General, list this matter on
04.05.2026 and this Court expects that by the
next date, the proposed notification which has
been highlighted in our previous order dated
20.04.2026 shall be published and brought on
record by way of on affidavit by the Secretary
of the Department of Transport, Government of
Bihar, Patna. ”
3. Subsequently, the Under Secretary, Transport
Department, Government of Bihar filed a supplementary
counter affidavit on behalf of respondent nos.4 to 6, which
reads as under :
“ 4. In terms of such order,
supplementary counter affidavit has been filed on
behalf of respondent nos. 4 to 6 by one ‘Raghubir
Mandal’, Under Secretary, Transport Department,
Government of Bihar in which it is stated as follows:-
“5. That it is stated and submitted that in
compliance of the Order passed by the Hon'ble
High Court the proposed Notification i.e. 'One
Time Traffic Challan Settlement Scheme, 2026'
for disposal of eligible traffic challan matters in
the National Lok Adalat, 2026 has been notified
after following the due process and getting
approval of Cabinet vide Notification No.3261
dated 30.04.2026. It is also informed that e-
gazette has also been published and a copy of
the same is brought before this Hon'ble High

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Court.
6. That it is humbly informed the Hon'ble High
Court that to facilitate the disposal of the
eligible Traffic Challan matters, particularly
through the upcoming next National Lok Adalat
several States have passed Notification
including the State of Odisha. The State of Bihar
has fixed the compoundable/settlement amount
as 'One Time Traffic Challan Settlement
Scheme, 2026' to facilitate for disposal of Traffic
Challan including e-challan, pending in huge
number mainly considering the
compoundable/settlement amount, fixed by the
Govt. of Odisha.
7. That it is humbly submitted that the copy of
the Notification has been sent to the Additional
Director General of Police (Traffic), Bihar,
Learned Member Secretary, Bihar Legal
Services Authority, all District Magistrates as
well as the concerned Officers of the
Department vide Letter no.3280 dated
30.04.2026, requesting therein to take
appropriate action and steps by issuing
directions for disposal of the pending Traffic
Challan. Apart from this all the District
Transport Officers (DTOS) have already been
directed to support the concerned Officers and
District Legal Services Authorities so that Traffic
Challan including e-challan matters may be
taken up and disposed of in the next National
Lok Adalat and huge pendency of e-challan can
be reduced accordingly.
8. That it is stated and submitted that with a
purpose of mass awareness and publicity of the
new notified 'One Time Traffic Challan
Settlement Scheme, 2026' is being circulated at
wide scale through Letter no.3282 dated
30.04.2026 by publishing in the daily
newspapers. In this regard vide Letter No.3281

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dated 30.04.2026 a letter has been sent to the
Director, I & PRD, requesting therein to publish
this 'One Time Traffic Challan Settlement
Scheme, 2026' in daily Newspapers for the next
three days.
9. That in the facts and circumstances above-
mentioned evidently the Respondents have
taken several positive steps including the
publication of the Notification namely 'One
Time Traffic Challan Settlement Scheme, 2026'
after due Cabinet approval for disposal of
eligible Traffic Challan matters with wide
circulation of the same in compliance of the
Orders passed by the Hon'ble Court and for the
benefit of public as well. ”
4. The appreciation b y the Court of the above
steps taken by the concerned department have been
reflected in the order of the Court as follows:-
“ 15. The Court deems it appropriate
to place on record its appreciation for the
prompt and proactive efforts of the State
Government in issuing the requisite Gazette
Notification concerning the reduction of traffic
challan fees. Such timely intervention reflects
a constructive and cooperative approach
towards the administration of justice. It is
reasonably expected that this measure will
significantly facilitate the amicable settlement
of pending matters, particularly in Lok
Adalats, and thereby contribute to a
meaningful reduction in the overall pendency
of cases.”
5. Thus, vide the Notification the amount of fines
prescribed for compoundable traffic challans have been
reduced by about 50% and are detailed accordingly in the

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said notification. Consequently, on 09.05.2026, when the
National Lok Adalat took place approximately 36,722 (Thirty
Six Thousand Seven Hundred and Twenty Two) cases were
disposed of.
6. On enquiry by this Court, it is submitted by
the Member Secretary (Respondent No.2) that Permanent
Lok Adalats have been set up in the District Legal Services
Authorities across the State (hereinafter referred to as
‘DLSA’) and are functioning, however, the Legal Services
Act specifies that Permanent Lok Adalats are established
under Sub-Section (1) of Section 22-B of the Legal Services
Authorities Act, 1987, and are for exercising jurisdiction in
respect of public utility services. The term public utility
services has been defined in the Act inter alia as transport
service for carriage of passengers or goods by air, road or
water. In view of the interpretation given therein, it would
perhaps not be possible to take up traffic challan cases in
the Permanent Lok Adalat. It is also submitted by Member
Secretary that the notification referred to by the learned
AAG extends only to the financial year 2026-27 and the
Government may consider for extending it every year on
the same ground, if so required to ease the burden of traffic
challan cases.
7. Learned counsel for the petitioner, on the other
hand, contends that although apprehension has been
expressed by the Member Secretary of BALSA regarding

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taking up traffic challan cases in the Permanent Lok Adalats
the only embargo that the Legal Services Authorities Act,
1987 at Section 22-C provides is that, the matter before the
Lok Adalats should not be non-compoundable offences and
the fines to be imposed should not exceed Rs.10 lakhs.
8. We have given careful consideration to the
submissions advanced before us. The motto of the Legal
Services Authority is “Access to justice for all”. On the anvil
of the motto in our considered view, every effort is to be
made to provide easy access to justice in terms of Section
12 of the Legal Services Authorities Act, 1987 and also to
expedite justice by employing the services of alternate
dispute resolution fora where required, unless any provision
specifically debars such service.
9. In light of the foregoing circumstances, we find
that there is no specific embargo on Permanent Lok Adalats
to take up compoundable traffic challan cases, in addition
to the Public Utility Services as defined in Section 22-A of
the Legal Services Act. As pointed out by the learned
counsel for the petitioner the only embargo under Section
22-C of the Legal Services Act is that, offences referred to
the Lok Adalat are to be compoundable offences and the
Permanent Lok Adalat shall not have jurisdiction in any
matter where the value of the property in dispute exceeds
Rs.10 lakhs.
10. Consequently, in view of the large pendency of

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cases pertaining to traffic challans, we hereby order that
Permanent Lok Adalats across the State take up and
consider traffic challan cases in addition to other matters
taken up by the said Lok Adalats.
11. Mr. Kumar Saurabh, intervenor, appearing in
person, shall, if so advised, file a separate Public Interest
Litigation as his issue is not directly linked to the issues in
this case as he questions the reasons for such large traffic
challan pendency.
12. With the aforesaid observations and directions,
the instant writ application stands disposed of.

(Meenakshi Madan Rai, CJ)
( Soni Shrivastava, J)
Harsh/-
AFR/NAFR
CAV DATE NA
Uploading Date 25.06.2026
Transmission Date NA