Gujarat High Court Case Information System
Print
SCA/4934/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4934 of 2010
=========================================================
GOVINDBHAI
MULJIBHAI PATEL PRESIDENT,DAHEGAM ROAD TRANSPO & 1 -
Petitioner(s)
Versus
COMMISSIONER
OF ROAD & TRANSPORT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
DP JOSHI for
Petitioner(s) : 1 - 2.
NOTICE SERVED BY DS for Respondent(s) : 1 -
3.
MS JIRGA JHAVERI, AGP for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 12/08/2010
ORAL
ORDER
Heard
learned advocates appearing on behalf of respective parties.
In
this matter, by way of public interest litigation on same cause of
action and almost same prayer, Special Civil Application No.916 of
2010 was filed by petitioner which has been decided by Hon’ble
Division Bench of this Court on 2nd February 2010. The
order passed by Hon’ble Division Bench of this Court is quoted as
under :
This
is a case of misuse of jurisdiction of the Court under the caption
‘public interest litigation’. Writ petition has been preferred by the
registered Association of truck owners who have prayed for a
direction to the respondents to implement their own decision dated
26.10.2005 by providing weigh-bridge to find out overloading of one
or other truck.
Generally,
overloading is done by the truck owners and not by any other person
and before us the Association of truck owners who are doing such
overloading is asking that overloading should not be done and for
that a weigh-bridge is required.
We
are of the view that this is misuse of jurisdiction of this Court if
the relief is granted in their favour. There is no public interest
involved. If the members of the Association are overloading, they
should take care of it and for that if a weigh-bridge is required
they should on their own establish weigh-bridge to find out whether
they are overloading their trucks or not.
The
petition at the instance of the Association of the truck owners under
the caption ‘public interest litigation’ is not maintainable. It is
accordingly dismissed with costs of Rs.10,000/- [Rupees ten thousand
only] to be paid by the petitioner in favour of the Gujarat State
Legal Services Authority within a month from today, failing which,
the Collector shall recover the same as recovery of dues of revenue
under the Bombay Land Revenue Code.
In
view of observations made by Hon’ble Division Bench of this Court as
referred above and considering the same cause of action and same
prayer, this petition is filed in private and individual capacity,
therefore, according to my opinion, in such circumstances, proper
course would be that let this petition may be placed before Hon’ble
the Chief Justice for necessary orders.
Therefore,
registry is directed to place this matter for necessary order before
Hon’ble the Chief Justice.
[H.K.
RATHOD, J.]
#Dave
Top