Rajasthan High Court
Manoj Kumar Verma S/O Late Sh. ... vs State Of Rajasthan on 24 February, 2021
Bench: Indrajit Mahanty, Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 890/2020
1. Manoj Kumar Verma S/o Late Sh. Jhabar Mal Ji Verma,
Aged About 42 Years, R/o 6/253, Vidhyadhar Nagar,
Jaipur (Shekhawati Roadways, Sansar Chandra Road,
Jaipur.
2. Satish Jain S/o Sh. Jagmendir Lal Jain, Aged About 57
Years, R/o 529, Hanuman Nagar Extension, Vishvamitra
Marg, Sirsi Road, Jaipur (Bali Transport Company, 57,
Madho Bihari Ji Ka Mandir, Sansar Chandra Road, Jaipur)
3. Nirmal Bhutia S/o Late Shri Ramniwas Ji Bhutia, Aged
About 54 Years, R/o 378, Hanuman Nagar Extension,
Dashrath Marg, Sirsi Road, Khatipura, Jaipur (Nirmal
Roadways, Sansar Chandra Road, Jaipur)
4. Shri Pradeep Binani S/o Shri Inder Chand Ji Binani, Aged
About 59 Years, R/o T-2/104, Shayog Apartment, Sector-
6, Vidhyadhar Nagar, Jaipur (JBTO India Pvt. Ltd., Sansar
Chandra Road, Jaipur)
----Appellants
Versus
1. State of Rajasthan, through Police Commissioner,
Commissionerate, Govt. Hostel, Jaipur.
2. Additional Police Commissioner-I, Commissionerate, Govt.
Hostel, Jaipur.
3. Additional Police Commissioner-II, Commissionerate,
Govt. Hostel, Jaipur.
4. Additional Police Commissioner (Traffic),
Commissionerate, Govt. Hostel, Jaipur.
5. Dy. Police Commissioner (Traffic), Yadgar, Ajmeri Gate,
Jaipur.
6. Ram Avtar Agarwal S/o Late Shri Ramswaroop Ji, Aged
About 67 Years, R/o 'Mor Sadan' Alsisar House, Sansar
Chandra Road, Jaipur (Avtar Goods Carrier, Mandawa
House, Sansar Chandra Road, Jaipur.)
7. Upendra Mittal S/o Shri Murari Lal Ji Mittal, Aged About
51 Years, R/o 7/172, Vidhyadhar Nagar, Jaipur (Maruti
Roadways, C-27, Sansar Chandra Road, Jaipur)
8. Hanuman Sahay Gupta S/o Late Shri Rameshwar Prasad
(Downloaded on 26/02/2021 at 09:51:35 PM)
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Gupta, Aged About 66 Years, R/o Plot No. 1/4, Parshuram
Nagar, Dehar-Ke-Balaji, Sikar Road, Jaipur (Shankar
Golden Transport Co. (Reg.) 60-61, Sansar Chandra Road,
Jaipur).
9. Pradeep Saraf S/o Late Sh. Ramjiwan Ji Saraf, Aged
About 65 Years, R/o B-6, Tilak Marg, C Scheme, Jaipur
(Silver Wing Roadways (North), Mandawa House, Sansar
Chandra Road, Jaipur).
10. Rahul Arora S/o Shri Puskaar Lal Arora, Aged About 35
Years, R/o 4-G-9, Jawahar Nagar, Jaipur (Jyoti Freight
Carrier, Shop No. 20, Sansar Chandra Road, Jaipur)
11. Mahendra Gera S/o Shri Dharm Chand Gera, Aged About
55 Years, R/o 3-Ka-6, Jawahar Nagar, Jaipur (Lal Golden
Transport Company, Shop No. 4-5, New Mandawa House,
Sansar Chandra Road, Jaipur.)
----Respondents
For Appellant(s) : Mr. Sandeep Sharma
For Respondent(s) :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SATISH KUMAR SHARMA
Judgment
24/02/2021
1. This Special Appeal Writ has been filed against the order
dated 21.09.2020 passed in SBCWP 7986/20 20 vide which the
petition challenging the order dated 21.9.2020 of Deputy Police
Commissioner (Traffic), Jaipur, imposing, total ban/no entry of
trucks within the vicinity from Sanjay Circle to Government Hostel
Chouraha (upto Sansar Chandra Road), has been dismissed.
2. Heard learned counsel for the appellants and perused the
material made available on record.
3. Learned counsel for the appellants submits that the Division
Bench of this Court in DBCWP No.4783/2003 (Suo Moto Vs. State
(3 of 5) [SAW-890/2020]
of Rajasthan & Ors.) had allowed the entry of heavy vehicles in
the city of Jaipur from 10:30 PM to 6:00 AM. But, now in utter
violation of the directions of this Hon'ble Court, the Deputy Police
Commissioner (Traffic), Jaipur has issued order dated 21.7.2020
vide which the entry of heavy vehicles has been totally banned
within the vicinity from Sanjay Circle to Government Hostel
Chouraha (upto Sansar Chandra Road). He has further contended
that the Additional Commissioner of Police (Traffic), Jaipur vide
order dated 18.06.2020 granted three months time to
transporters to shift to the New Transport Nagar, Sikar Road,
Jaipur but they could not shift there for want of minimum required
facilities still without waiting till such extended period, the entry of
heavy vehicles has been banned. Entry of heavy vehicles in night
is permissible in other areas of the city, therefore, the impugned
order of DCP (Traffic) is arbitrary and without any logical basis.
Learned Single Judge has not considered the matter in right
perspective. The appeal deserves to be allowed.
4. Heard and considered.
5. On bare perusal of the record and impugned order, we find
that the Jaipur Transport Operators Association itself had agreed
on behalf of its Members to shift at New Transport Nagar, Sikar
Road, Jaipur and they submitted a unanimous representation
dated 25.05.2020, resolving that entry of heavy vehicles should
be prohibited at Sansar Chandra Road. All the petitioners are
Members of this Association and the petitioners Nos.3 & 4 are
signatory of the representation dated 25.05.2020, therefore, they
cannot be allowed to take U-turn from their own resolution.
(4 of 5) [SAW-890/2020]
6. We find that the entry of the heavy vehicles has been banned
after thorough survey and research. Thus the impugned order has
been issued in public interest without any malafides or ulterior
motives.
7. We find no substance in the plea that the impugned order
banning the entry of heavy vehicles is violative of the order of this
Court in DBCWP No.4783/2003 (supra) as the said order does not
prohibit the authorities to take appropriate decision in the changed
circumstances. As indicated above, the impugned order has been
issued after taking note of the rapidly increasing traffic hazards,
noises air pollution, which cannot be said to be violative of the
earlier directions of this Court.
8. The learned Single Judge has duly considered the issue of
shifting of transporters to the New Transport Nagar, Sikar Road,
Jaipur and has rightly concluded that the transporters have got no
right to challenge the decision taken in public interest on the
ground that their offices are situated in the city. Further, the
transporters may approach appropriate authorities to provide
required facilities at New Transport Nagar, Sikar Road, Jaipur, but
the decision taken in the public interest cannot be kept in
abeyance on this ground particularly when they themselves
resolved that entry of heavy vehicles should be prohibited at
Sansar Chandra Road.
9. As discussed above, the learned Single Judge has considered
all aspects of the matter in detail and we find no reason to
interfere in the impugned judgment. As a result the present
Special Appeal Writ is hereby dismissed. No costs.
(5 of 5) [SAW-890/2020]
10. However, dismissal of the present Special Appeal Writ shall
not stand in the way of the appellants seeking appropriate
convenience/basic facilities at the New Transport Nagar at Sikar
Road, Jaipur.
(SATISH KUMAR SHARMA),J (INDRAJIT MAHANTY),CJ
BRIJ MOHAN GANDHI/Rajat-5
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