WPMS/2465/2021
2021 Latest Caselaw 4712 UK

     IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
      ON THE 24TH DAY OF NOVEMBER, 2021
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2465 of 2021
BETWEEN:
Truck Operators Association
Haldwani Road Kichha Nainital
Through its Secretary                                     ...Petitioner
      (Dr. Udyog Shukla, Advocate)

AND:

State of Uttarakhand and others                       ...Respondents
      (Mr. S.S. Chauhan, Deputy Advocate General for the State/respondent
      nos. 1 to 3 and Mr. T.A. Khan, Senior Advocate assisted by Ms. Sadaf,
      Advocate for the respondent no.4)


                          JUDGMENT

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

"(i) to issue a writ order or direction in the nature of mandamus commanding the respondents to ban the use of vehicles (Trucks and Tractor Trollies) registered under agricultural purposes working for carrying sugar cane to the Sugar Mill as they are being used for commercial purposes.

(ii) to issue a writ, order or direction in the nature of Mandamus directing the respondents to ban the overloading of vehicles particularly engage by respondent no.4 to carry sugar cane from purchase centers to the Sugar Mill."

2. Grievance of the petitioner is that Tractor and Tractor Trollies, registered for agricultural purpose with the transport authority, are being used for commercial purpose, namely transportation of sugar cane from purchase center of Kichha Sugar Company to the Sugar Mill. Another grievance of the petitioner is that many of such vehicles are being plied on road with fictitious

registration numbers, while actually those numbers have been allotted by Transport Authority in favour of two wheelers, E-Richkshaws etc., therefore, in case of road accident by these vehicles, the victims and their families will not be able to get any compensation. It is further the grievance of the petitioner that the vehicles carrying sugar cane, at times are over-loaded, thus are threat to the road using public and are also damaging the public roads and bridges.

3. Mr. T.A. Khan, Senior Advocate for the Kichha Sugar Mill submits that in the notice inviting tender for the work of transportation of sugarcane, from purchase centres to the sugar mill, there is a stipulation that a transporter has to abide by all the provisions contained in Motor Vehicles Act and Rules, therefore, according to him, vehicles engaged by the Sugar Mill for transporting sugar cane, are bound to comply all provisions of the Motor Vehicles Act and Rules. He however assures the Court that Executive Director of the Sugar Mill shall see to it that no contractor engaged by the Sugar Mill transports sugar cane from purchase centres to the Sugar Mill, in unauthorized vehicles.

4. Having regard to the grievance raised in the writ petition, this Court thinks that ends of justice would be met, if petitioner is permitted to make representation to the concerned Transport Authority, who shall look into the matter and take appropriate decision.

5. Accordingly, the writ petition is disposed of with liberty to the petitioner to make representation to the R.T.O, Rudrapur within ten days from today. If such representation is made within stipulated time, R.T.O. Rudrapur shall take appropriate decision, in accordance with law, within ten weeks.

6. Let certified copy of this order be issued to the parties within 48 hours.

(MANOJ KUMAR TIWARI, J.) Shubham