Writ petition challenging the applicability of Dying in Harness Rules, 1974 for transferring a High Speed Diesel Licence dismissed. Court held provisions not applicable due to specific facts.
No direction issued; writ petition dismissed.
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Court No. - 32
Case :- WRIT - C No. - 24298 of 2018
Petitioner :- Ghanendra Pal @ Dhanendra Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahesh Chandra Tiwari,Kiran Tiwari Counsel for Respondent :- C.S.C.,
Hon'ble Shashi Kant Gupta,J. Hon'ble Rajiv Gupta,J.
This writ petition has been filed by the petitioners inter alia, for the following relief:
" A. Issue a writ order or directin in the nature of mandamus directing the respondent no. 2 to transfer the High Speed Diesel Licence no. 74 in the name of the petitioner according to compensate ground under dying in harness Rules 1974 in the interest of justice."
Having heard the learned counsel for the parties and after perusing the record, we are of the view that the provisions of Dying in harness Rules, 1974 are not at all applicable in the present case and therefore no such direction as prayed by the petitioner can be be issued by this court under writ jurisdiction.
This writ petition, being misconceived, is hereby dismissed.
Order Date :- 23.7.2018 MLK
2 issues framed by the court
Whether the provisions of the Dying in Harness Rules, 1974 are applicable for transferring a High Speed Diesel Licence in the present case.
Whether a writ order mandamus directing the respondent to transfer the licence can be issued under the given circumstances.
Ghanendra Pal @ Dhanendra Pal
State Of U.P.
2 Others
Shashi Kant Gupta
Rajiv Gupta
As recorded by the court registry
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