Court No. - 21
Case :- WRIT - C No. - 7518 of 2018 Petitioner :- Kanpur Tempo Auto Maalik Evam Chaalak Jan Kalyan Samiti And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Yogesh Kumar Saxena Counsel for Respondent :- C.S.C.
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Petitioners claim to be registered association under the provisions of the U.P. Societies Registration Act, 1860 of the tempo owners of the drivers. The association has been formed by them which is duly registered in accordance with law.
Grievance of the petitioners is that without any authority of law the police authorities are interfering in the right of the association to collect the fee from their members. It is submitted that earlier the user charges were being realized by the Nagar Nigam from the members of the association, which was challenged before the Lucknow Bench of this Court by filing a Writ Petition No.3445 of 2013, wherein some directions were issued that the user charge cannot be realized without giving any facility and subsequently, the State Government has also issued government orders imposing ban upon the local bodies for realization of user charge. It is submitted that after realization of the user charge was stopped on account of judicial intervention, the interference is being illegally made in the right of the association to collect the fee from their members.
The issue is one, which requires investigation into the questions of fact and, thus, no useful purpose would be served by keeping this petition pending and calling for a counter affidavit and interest of justice would stand served, in case, a fact finding authority looks into the grievance of the petitioners initially.
Considering the facts, we dispose of the writ petition by giving liberty to the petitioners to make a representation with respect to the grievances before the Senior Superintendent of Police, Kanpur Nagar along with certified copy of this order within three weeks from today with the further direction to the said authority that if such representation is made, he shall consider and decide the same by passing a reasoned and speaking order in accordance with law within a period of four weeks from the date of making of such representation.
Order Date :- 27.2.2018 Ashish Tripathi