Rajasthan High Court - Jodhpur
Cj Darcl Logistics Ltd vs The State Of Rajasthan on 11 April, 2019
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5246/2019
Cj Darcl Logistics Ltd., Have Its Registered Office At Darcl House,
Plot No. 55P, Sector-44, Institutional Area, Gurugram Through
Its Authorized Signatory Prabhat Himakar S/o Shri Himakar. Age
28 Years.
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary, Ministry
Of Home, Government Of Rajasthan, Secretariat, Jaipur.
2. The District Collector, Jaisalmer.
3. The Superintendent Of Police, Jaisalmer.
4. The Station House Officer Ramgarh, Jaisalmer.
----Respondents
For Petitioner(s) : Dr. Sachin Acharya
Mr. Rakesh Chotia
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 11/04/2019
1. Petitioner has preferred the present writ petition claiming the following reliefs :-
"1. By an appropriate writ order or direction in the nature of Mandamus directing the State Authorities and Superintendent of Police, Jaisalmer to provide full police protection to the petitioner company and its Driver / employees / vehicles against the local Transport Union.
2. by appropriate writ order or direction in the nature of Mandamus directing the leaders of the Union and his allied members to not restrain and obstruct the petitioner company and any of its members for the execution of the transportation contract as mentioned in the petition, in any manner."
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(2 of 2) [CW-5246/2019]
2. The limited prayer of the learned counsel for the petitioner is that though the transportation contract has been granted to petitioner and the petitioner is lawful operating the fleet, but the unlawful competition and threats from the erstwhile contractor and transport unions need to be checked.
3. Learned counsel for the petitioner submits that the representation of the petitioner has already been moved before respondents No.2 and 3. It is also contended that respondents No.2 and 3 may be directed to consider the representation and also provide adequate security so as to enable the petitioner to remain lawfully engaged into the transportation business.
4. In light of the aforesaid submission, the present writ petition is disposed of with a direction to the respondent No.3 to decide the representation of the petitioner strictly and also ensure that the lawful transportation fleet of the petitioner is not harmed due to unlawful competition or illegal pressures from any person. Stay petition no.5157/2019 also stands disposed of.
(DR. PUSHPENDRA SINGH BHATI),J 194-Sudheer/-
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