This court dismissed a writ petition which was not filed as a public interest litigation. The court held that a general mandamus could not be issued for violations of directions by transport authorities, advising the petitioner to approach the Commissioner with specific grievances.
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Court No. - 39
Case :- WRIT - A No. - 6955 of 2019
Petitioner :- Vinod Kumar Singh Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Om Prakash Singh,Amar Nath Singh Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
Prayer in the writ petition is to issue a mandamus to the transport authorities that is the Assistant Regional Transport Officers of District Ballia and Mau to comply with the directions issued by the Transport Commissioner, U.P. vide office order dated 26.10.2018. The petitioner himself is a permit holder of stage carriage permit on the route from Ratanpura (Mau) to Bhimpura (Ballia).
It is contended by counsel for the petitioner that many vehicles are being plied on the route-in-question without any valid stage carriage permit.
We may note that this is not a public interest litigation and for any violation of the directions issued by the Commissioner on the part of local authorities, no general mandamus can be issued.
It is open for the petitioner to approach the Commissioner raising specific grievances regarding any violation of its order by the transport authorities.
The writ petition is, accordingly, dismissed.
Order Date :- 17.3.2021 Nitin Verma
2 issues framed by the court
Whether a general mandamus can be issued for violation of transport commissioner's directions in a non-PIL writ petition.
The maintainability of a writ petition seeking compliance of office orders by local transport authorities.
Vinod Kumar Singh
State Of U.P.
Sunita Agarwal
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
