Supreme Court - Daily Orders
Meghalaya Commercial Truck Owners And ... vs The State Of Meghalaya on 14 January, 2019
Bench: A.M. Khanwilkar, Ajay Rastogi
1
ITEM NO.27 COURT NO.9 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 18/2019
MEGHALAYA COMMERCIAL TRUCK OWNERS AND OPERATORS ASSOCIATION
Petitioner(s)
VERSUS
THE STATE OF MEGHALAYA & ORS. Respondent(s)
(FOR ADMISSION)
Date : 14-01-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE AJAY RASTOGI
For Petitioner(s) Mr. Ranjit Kumar, Sr. Adv.
Mr. Prithvi Pal, AOR
Mr. Chetan Joshi, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
This writ petition under Article 32 of the Constitution of India has been filed to question the Notification dated 01.11.2018 issued by the Government of Meghalaya in reference to the order dated 06.11.2015 passed
by this Court in SLP(Civil) Nos. 17901-17902 of 2012. Signature Not Verified In our opinion, new policy has been formulated by the Digitally signed by SHASHI SAREEN Date: 2019.01.15 Government. That can be questioned before the jurisdictional 17:02:20 IST Reason: High Court. It is made clear that merely because the 2 notification refers to the order passed by this Court that will not come in the way of the petitioner, if they intend to challenge the Notification before the High Court. For, the order of this Court dated 06.11.2015 has not dealt with any aspect of the stated policy. This Court merely gave liberty to the State Government to proceed on the basis of the existing policy or to evolve an appropriate policy. It will be, therefore, open to the petitioner to challenge the Notification dated 01.11.2018 as also the consequential notification or order issued by the Government including Notification dated 30.11.2018. We leave all the questions open to be decided by the High Court on its own merits in accordance with law.
The writ petition is accordingly disposed of.
(SHASHI SAREEN) (ANITA RANI AHUJA) AR CUM PS COURT MASTER (NSH)