Court No. - 37
Case :- WRIT - A No. - 6793 of 2021 Petitioner :- Pradeep Kumar Misra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Ram Misra Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Dinesh Pathak,J.
Heard Mr. Shiv Ram Misra, learned counsel for the petitioner and learned Standing Counsel appearing for the State- respondents.
We have perused the record.
Present petition has been filed with the following prayers:
"(i) To issue a writ, order or direction in the nature of mandamus directing the respondents to take necessary action and stop/restrain the illegal operation of the vehicles three wheelers, Tempo, Taxies and Tata Magics on the petitieoner's route namely Dibiyapur-Kachauraghat via Kudarkot-Bharthana Etawah Allied route Tajpur-Sahayal or any portion thereof which re illegally operating without any permit.
(ii) To issue a writ,order or direction in the nature of mandamus directing the Regional Transport Officer, Etawah to seize the vehicles Three Wheelers, Tempo-Taxies and Tata Magics illegally operating without permit on the petitioner's route by exercising his power under Section 207 and other provisions of the Motor Vehicles Act, 1988."
Counter affidavit has been filed on behalf of respondent no.2- Assistant Regional Transport Officer (A/E), Etawah, in which he has relied on the provisions of Motor Vehicles Act 1988 read with Rules and the amendments for State of U.P. It has further been stated that the Enforcement Officer of the Transport Department, Etawah has constantly monitored the plying of vehicles on proper routes along with proper documents. According to the respondents, such public interest litigation has been based on a private respondent, is not maintainable and moreover, in such a manner, as conveyed to us that they are taking proper care to see such persons who are operating the vehicles without permit. As such, the present writ petition is misconceived.
There are many disputed questions of fact, which cannot be dealt in exercise of power under writ jurisdiction. No such party has been made a party to the petition, who is plying his vehicle without permit. However, we direct the authorities concerned as directed by the Bench of this Court in Writ A No. 23769 of 2013 and Writ A No. 32983 of 2017 that the respondents shall look into the these issues and solve the difficulties of people and the petitioner in case it is found that anyone is plying his vehicle without permit and /or without proper authority of law.
We accordingly dispose of the petition on the basis of reply filed by the parties.
Order Date :- 19.8.2021 Ashish Pd.