Dismissed

Jaitpura Coop. Transport Soceity & Ors. v. State of Hry. and Ors.

Punjab & Haryana HC25 Jul 2012CWP/3030/2007

Case brief

AI extract

What is this about?

The High Court disposed of consolidated writ petitions challenging the plying of vehicles without licenses. The Court observed that States of Haryana and Punjab had issued directives enforcing Sections 192-A and 207 of the Motor Vehicles Act, 1988. The Court closed the writ petitions by directing the States to strictly comply with the issued instructions.

What did the court decide?

The writ petitions were disposed of by directing the States of Punjab and Haryana to strictly comply with the instructions issued to curb unauthorized plying of vehicles.

Jaitpura Coop. Transport Soceity… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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CWP No.3030 of 2007

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.3030 of 2007 Date of decision: 25.07.2012

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The Jaitpura Cooperative Transport Society Ltd. and others

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…..Petitioners

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versus

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State of Haryana and others

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……Respondents

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CORAM: Hon’ble Mr.Justice Jasbir Singh, Acting Chief Justice Hon’ble Mr.Justice Rakesh Kumar Jain

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Present: Mr.Anil Kshetarpal, Advocate for the petitioners Mr.Randhir Singh, Additional Advocate General, Haryana Mr.Jaskirat Singh Sidhu, Sr.Addl.A.G. Punjab

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Jasbir Singh, Acting Chief Justice (Oral)

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This order will dispose of CWP Nos.3030, 4094 and 16986 of 2007 involving similar questions of law and facts. For facility of reference, facts are being taken from CWP No.3030 of 2007.

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The plying of vehicles for public transportation without getting any licence is under challenge in these writ petitions. On 18.7.2012, following order was passed by this Court:-

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“In response to our order dated 2.7.2012, the State of Haryana has placed on record an affidavit of Ramendra Jakhu, Additional Chief Secretary (Transport) Govt. of Haryana wherein information has been given with regard to the vehicles against which provisions of Section 192-A and Section 207 of the Motor Vehicles Act, 1988 were enforced. It is further stated that vide letter dated 27.6.2012, following instructions have been issued to the Director of Police,

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CWP No.3030 of 2007 2

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Director General State Transport, All the Deputy Commissioners and All the Secretaries, Regional Transport Authorities in the State of Haryana:-

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“a) For the first offence under section 192-A, the offence should be compounded at a compounding fee of not less than Rs.3500/-

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b) For the second offence, the offence should be compounded at a compounding fee of not less than Rs.7000/-. c) For the third offence, the offence should be compounded at a compounding fee of not less than Rs.10000/-.

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d) For any subsequent offence, the offence should not be compounded, and the offender (driver as well as owner) should be prosecuted in the competent court of law for awarding maximum imprisonment and fine.

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e) Any such motor vehicle found being used without valid permit or in contravention of any conditions of permit should be seized and detained u/s 207 of Motor Vehciles Act, 1988.

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f) The General Managers/ Transport Managers/ Flying Squad Officers will specifically pay attention to the maxicabs being plied unauthorizedly as such vehicles are being plied from near the bus stands generally. Such vehicles will not be allowed to be parked near the bus stands.

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g) The challaning officers will carry out checking in close co-ordination. To make an impact, the manpower and vehicles of different departments may be pooled together as far as

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CWP No.3030 of 2007

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possible for the checking purposes.

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h) Complete computerized record of vehicles challaned for the offence under Section 192A will be maintained by all the Challaning officers in the following proforma:-

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Sr.No. Date of Vehicles Type of Whether first offence challan Registration Vehicle or subsequent offence

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At the time of entry of particulars of challans it will be checked from the computer record as to whether the vehicle has been challaned earlier also or not.

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i) All the challanging officers in the district will send the information at the end of each month to the Secretary, Regional Transport Authority who will compile the information and sent the same to the Transport Commissioner by e-mail at [email protected] or by FAS (0172-2700541/42), by 5^th of the next month, in the following proforma:-

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Statement for the month of

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Sr.N o.	Name and designatio n of the challaning officer	Number of vehicles challaned for offence u/s 192A	Details of cha compounded d month	llans uring the	No. of challans sent to competent court for prosecution
		First offence Subsequent offence	No. of challans compounded	Total compounding fee realized (Rs.)

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j) The Deputy Commissioners will review the progress

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made by the challanging officers in the monthly meetings.”

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We feel that a right step has been taken by the State of

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CWP No.3030 of 2007

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Haryana to curb the menace of using vehicles without getting any permit which put the life of the general public to danger.

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So far as the State of Punjab is concerned, an affidavit of

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Mr.Mandeep Singh, IAS Secretary to Government, Punjab, Department of Transport, has been placed on record wherein it is stated that vide letter dated 12.7.2012, the Secretary Regional Transport Authorities and all the District Transport Officers have been directed to start a special drive against those who are violating the provisions of Motor Vehicles Act, 1988 and to take action under the provisions of Sections 192-A and 207 of the Motor Vehicles Act, 1988 against such violators.

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We feel that it is desirable for the State of Punjab also to issue directions like the one issued by the State of Haryana.”

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In response to above order, an affidavit has been filed by Mr.Mandeep Singh, Secretary to Government Punjab, Department of Transport, Chandigarh stating that like the State of Haryana, the State of Punjab has also issued directions vide letter dated 23.7.2012 to all the Secretaries, Regional Transport Authorities and District Transport Officers in the State. Copy of the letter is annexed with the affidavit as Annexure R1. Paragraph No.4 of the letter reads thus:-

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“In order to curb the tendency of plying of unauthorized personalized vehicles such as jeeps, maxicabs, etc. as transport vehicles and contract carriage vehicles as stage carriage in an effective manner, it is hereby directed that necessary traffic checking may be conducted so that enforcement of the

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CWP No.3030 of 2007

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provisions of the above said section is made strictly and effectively. In case any such personalized motor vehicle is found plying without valid permit or in contravention of any conditions of permit should be seized and detained under section 207 of the Motor Vehicles Act, 1988. Since the offence committed under Section 192A of the Motor Vehicles Act, 1988 is not compoundable as per section 200 of the Motor Vehicles Act as such the challan so made may be sent to the Hon'ble Court for trial and same may be perused to get the offence penalized under section 192A of the Motor Vehicles Act, 1988. Besides above during the course of surprise checking, the driver/ owner of such personalized vehicles may be issued notice for suspension of Registration Certificate as specified under section 53(1) (b) of the Motor Vehicles Act, 1988. The challan of such personalized vehicle alongwith date of issue of notice may be feeded in the computer and during the course of next checking the same may be watched to ensure that subsequent offence is not being committed by the same vehicle. In case subsequent offence is found, such vehicles may be impounded and the challan may be sent to the Hon'ble court for trial. In addition to this, action to cancel the Registration certificate under Section 54 and 55 may be taken. So that such type of unauthorized operation may be discouraged.”

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We feel that if the directions issued by the State of Punjab and Haryana are implemented, menace of plying vehicles without licence for

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CWP No.3030 of 2007

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public transport may come to an end.

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Under the circumstances, we dispose of these writ petitions by issuing directions to the States of Punjab and Haryana to strictly comply

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with the instructions now issued by them.

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(Jasbir Singh) Acting Chief Justice

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25.07.2012 (Rakesh Kumar Jain) gk Judge

Jaitpura Coop. Transport Soceity & Ors. v. State of Hry. and Ors.

Case brief

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Jaitpura Coop. Transport Soceity & Ors. v. State of Hry. and Ors.

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