WPMS/468/2021
2021 Latest Caselaw 561 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
           ON THE 1ST DAY OF MARCH, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 468 of 2021
BETWEEN:
Basant Prabhakar                            ...Petitioner
     (Dr. Udyog Shukla, Advocate)


AND:
State of Uttarakhand & another              ...Respondents

(By Mr. T.S. Pharityal, Additional C.S.C. for the State of
Uttarakhand & Mr. V.K. Kapuruwan, Advocate for respondent
no. 2)

                          JUDGMENT

By means of this writ petition, petitioner has sought following relief:-

(i) a writ, order or direction in the nature of mandamus commanding the respondents to registered the new vehicle having registration UA 04 5489 of the petitioner for mining work having mining Registration No. NK-1742 in place of old vehicles registration no. No. HR 38 G 4887 in view of the existing and prevailing policy decision taken by Mining Committee Nainital in its meeting dated 20.11.2014 and 25.02.2015.

2. According to the petitioner, his transport vehicle, which was registered with Uttarakhand Forest Development Corporation, has become old and unusable, therefore, he purchased a new transport vehicle and applied for its registration with Uttarakhand Forest Development Corporation.

3. Grievance of the petitioner is that no decision is being taken on his application for registration.

4. Learned counsel for the petitioner submits that the question involved in this writ petition has been decided by this Court vide judgment dated 08.09.2020 rendered in WPMS No. 67 of 2020.

5. Mr. V.K. Kaparuwan, learned counsel for the Corporation does dispute the said statement made by learned counsel for the petitioner.

6. Since the controversy involved now stands settled by the aforesaid judgment, therefore, the writ petition is disposed of in terms of the judgment dated 08.09.2020 passed in WPMS No. 67 of 2020 and it is provided if petitioner makes fresh application for registration of his vehicle, which he has now purchased, the District Mining Committee shall consider the same and pass appropriate order, in accordance with law, within a period of six weeks from the date of receipt of application along with certified copy of this order.

7. The District Mining Committee shall invite objections from Divisional Logging Manager, Nandhaur Mining Division, Uttarakhand Forest Development Corporation before taking any decision on petitioner's application. The District Mining Committee shall also consider whether the vehicle, which is sought to be registered, fulfils the condition regarding age limit, if any, prescribed under Section 59 of Motor Vehicle Act, 1988.

(MANOJ KUMAR TIWARI, J.) Aswal