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Punjab-Haryana High Court

The Diwana Co-Op. Transport Society ... vs State Of Haryana Thro Secty To Govt. ... on 23 April, 2015

Author: Daya Chaudhary

Bench: Daya Chaudhary

           C.W.P. No. 487 of 2013                                          (1)

             IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                                                  C.W.P. No. 487 of 2013

                                                  DATE OF DECISION: 23.04.2015


           The Diwana Co-operative Transport Society Ltd.,                 ..........Petitioner
           Diwana


                                           Versus

           State of Haryana and others                                     ..........Respondents



           BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY

           1.        Whether reporters of local newspaper may be allowed to
                     see judgment?
           2.        To be referred to reporters or not?
           3.        Whether the judgment should be reported in the Digest?


           Present:-           Mr. H.S. Sawhney, Senior Advocate
                               for the petitioner.

                               Mr. Harish Rathee, Sr. D.A.G., Haryana.

                                           ****


           DAYA CHAUDHARY, J.

The present petition has been filed by the petitioner-Society under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to stop the illegal operation of various vehicles which are being operated without permits on the route of the petitioner.

After issuance of notice of motion, reply on behalf of the respondents has been filed and the same is on record. Thereafter, in compliance of the directions issued by this Court on various dates, status report by way of affidavits has also been filed. In the status report, it has been mentioned that action has been taken against the persons who are POOJA SHARMA 2015.04.25 12:53 I attest to the accuracy and integrity of this document C.W.P. No. 487 of 2013 (2) plying their vehicles without having any permit and instructions have also been issued by respondent-authorities. It has also been mentioned that in some of the cases, the vehicles have also been impounded.

On the other hand, learned senior counsel for the petitioner submits that no challan has been presented even in a single case,.

Learned senior counsel for the petitioner has not brought to the notice of this Court as to which vehicle is being plied on the route of the petitioner without permit. Simply it has been stated that some of the vehicles are being plied without having valid permit.

In view of the prayer made in the present petition as well as the fact that action has been taken and assurance has been given that in case any instance of illegal plying of a vehicle is brought to the notice of the respondent-authorities, action will be taken, nothing remains in the present petition.

However, in case the petitioner is still aggrieved in any manner or any vehicle is being plied on the route allotted to the petitioner, he is at liberty to make a representation, which shall be considered by the authorities concerned.

Disposed of accordingly.

           April 23, 2015                                     (DAYA CHAUDHARY)
           pooja                                                   JUDGE




POOJA SHARMA
2015.04.25 12:53
I attest to the accuracy and
integrity of this document