In Re vs Union Of India,
2021 Latest Caselaw 4280 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                       AND
               THE HON'BLE SRI JUSTICE N. TUKARAMJI


       TAKEN UP WRIT PETITION (PIL) No.36 OF 2019


ORDER:   (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     Learned counsel for the State Government has

informed this Court that an identical case in W.P

(PIL).No.86 of 2018 has already been decided by this

Court on 10.12.2021.

     This Court, in the aforesaid case, has passed the

following order:

               "The present writ petition (public interest litigation) has
     been filed by the petitioner stating that the State of Telangana is
     not implementing Section 158(6) of the Motor Vehicles Act, 1988
     (for short 'the Act') and is also violating the directions given by
     the Hon'ble Supreme Court in the case of Jai Prakash vs.
     M/s. National Insurance Co. and others ((2010) 2 SCC 607). It
     has been stated that the State of Telangana is violating the rights
     of motor vehicle accident victims and also the law of the land.
               A detailed counter affidavit has been filed on behalf of
     respondent Nos.3 and 4 in the matter, informing this court the

action taken by the Telangana State Government, keeping in view Section 158(6) of the Act and the judgment delivered by the Hon'ble Supreme Court in the case of Jai Prakash (supra). Not only this, the Additional Director General of Police, C.I.D., Telangana, Hyderbad has also issued a Circular dated 16.08.2019, which is on record, for ensuring compliance of the judgment delivered by the Hon'ble Supreme Court in the case of Jai Prakash (supra) as well as Section 158(6) of the Act. Details of compliance reports (pages 6 to 14 of the counter affidavit) in respect of all such cases in the State of Telangana are also on record.

In the considered opinion of this court, keeping in view the material brought before this court along with the counter affidavit, there is certainly compliance as per Section 158(6) of the Act and also the directions issued by the Hon'ble Supreme

Court in the case of Jai Prakash (supra) by the State of Telangana. However, it is made clear that, in future also, the Telangana State Government shall strictly adhere to the statutory provisions as contained under Section 158(6) of the Act and also the directions issued by the Hon'ble Supreme Court in the case of Jai Prakash (supra).

With the aforesaid, the writ petition (public interest litigation) stands disposed of.

Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs."

In the light of the aforesaid, no further orders are

required to be passed in the present case.

The order passed in W.P (PIL).No.86 of 2018 shall be

applicable mutatis mutandis in the present case also.

The writ petition is accordingly disposed of.

Let a copy of the order passed by this Court in W.P

(PIL).No.86 of 2018, dated 10.12.2021, be kept on record

in the present case.

The miscellaneous applications pending in this writ

petition, if any, shall stand closed. There shall be no

order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ N. TUKARAMJI, J 13.12.2021 vs