Court No. - 37
Case :- WRIT - A No. - 6890 of 2021 Petitioner :- Ved Prakash Pandey Respondent :- State Of U.P. And 9 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 writ petition under Article 226 of the Constitution of India 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 Bardiya-Khaliyari via Ghorawal Robertsganj route or any portion thereof which are illegally operating without any permit.
(ii) To issue a writ,order or direction in the nature of mandamus directing the Regional Transport Officer, Mirzapur Region, Mirzapur and the Assistant Regional Transport Officer, Sonbhadra 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) 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, Mirzapur has constantly monitored the plying of vehicles on proper routes along with proper documents. According to the respondents, such public interest litigation has been filed on a private person, is not maintainable and moreover. It is conveyed to us that the authorities are taking proper care to see that such persons who are operating the vehicles without permit are dealt with.
We have considered the facts that there are several disputed questions of facts involved, which cannot be dealt in exercise of power under Article 226 or of this writ jurisdiction. Petitioner has not joined any operation who is plying without permit. Such omnibus prayer cannot be granted without proper facts pleaded and demonstrated.
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 issues and solve the difficulties of people.
The petitioner may forward copy of memo of petition to authorities as a fresh representation and in case it is found that anyone is plying vehicle without permit and /or without proper authority of law. The authority shall take action as per law.
We dispose of the petition with above observation and on the basis of reply filed by respondents.
Order Date :- 19.8.2021 Ashish Pd.