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Punjab-Haryana High Court

Mini Bus Operators Workers Union vs The State Transport Commissioner And ... on 27 March, 2014

Author: Daya Chaudhary

Bench: Daya Chaudhary

            CWP No.5911 of 2014                                                      1



                               IN THE HIGH COURT OF PUNJAB AND HARYANA
                                          AT CHANDIGARH.

                                                     CWP No.5911 of 2014
                                                     Date of Decision: 27.03.2014


            Mini Bus Operators Workers Union                        ....Petitioner

                               Versus

            The State Transport Commissioner and others            ....Respondents


            BEFORE :- HON'BLE MRS. JUSTICE DAYA CHAUDHARY

            Present:-          Mr. Sanjay Dhiman, Advocate
                               for the petitioner.

                                           *****

            DAYA CHAUDHARY, J. (ORAL)

The present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to decide representation dated 13.02.2014 (Annexure P-1) and to take necessary steps to stop the illegal plying of three wheelers (Auto Rickshaws) in Tarn Taran as well as Majitha.

Learned counsel for the petitioner contends that as per provisions of Section 66 of the Motor Vehicles Act, 1988 no owner of a motor vehicle shall use or permit the use of a vehicle as transport vehicle at any public place unless a permit is granted. Learned counsel further contends that in spite of instructions issued by the respondent-authorities, some of the vehicles are being plied without any permit. Learned counsel also contends that the petitioner has made a representation to the respondents but no action has been taken against those owners of three wheelers which are being plied illegally, without any permit and also in violation of the instructions in Tarn Taran and Majitha. Learned counsel Kaur Gurpreet 2014.03.31 17:03 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP No.5911 of 2014 2 submits that the petitioner would be satisfied in case directions are issued to the respondents to consider the representation (Annexure P-1) and take necessary action in accordance with law.

Keeping in view the limited prayer of the petitioner and without commenting anything on the merits of the case, the present petition is disposed of with a direction to the respondents to look into the representation (Annexure P-1) and take necessary action in accordance with law as well as instructions issued in this regard within a period of four weeks from the date of receipt of a certified copy of the order.

Petition stands disposed of accordingly.

(DAYA CHAUDHARY) 27.03.2014 JUDGE gurpreet Kaur Gurpreet 2014.03.31 17:03 I attest to the accuracy and integrity of this document High Court, Chandigarh