Dismissed

Sikar Transport Union v. State of Raj Transport Dep Ors.

Rajasthan HC18 May 2022CCP/1568/2016

Case brief

AI extract

What is this about?

The court disposed of a complaint alleging non-compliance of a prior order directing the establishment of a Transport Nagar. Finding that the respondents had initiated the process via a District Level Committee meeting, the petition was closed without interference.

What did the court decide?

The writ petition stands disposed of accordingly and the rule is discharged.

Sikar Transport Union Vs State of Raj Transport Dep… — Service and Employment | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Contempt Petition No. 1568/2016

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S.B. Civil Writ Petition No.13375/2016

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Sikar Transport Union, Ramleela Ground, Sikar through Senior Member & nd Ex President, Om Prakash Kamdar s/o shri Ghasilal Kamdar, aged abour 54 years, R/o Luharu Stand, Mohalla Nayakan, Tehsil & District Sikar Rajasthan.

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----Petitioner

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Versus

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S.K. Agarwal, Principal Secretary to Government, Transport Department Secretariat, Jaipur.

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Dr. Kunj Bihari Gupta, District Collector, Sikar.

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Magnaram Choudhary, District Transport Officer, Sikar.

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Akhilesh Kumar, Superintendent of Police, Sikar.

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J.L. Mehta, Rajasthan State Road Development & Construction Corporation Ltd. through its Managing Director, Kota

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Jagdish Yadav, Traffic Incharge, Sikar, PS Yatayaat Sikar.

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----Respondents

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For Petitioner(s) : Mr. Ravi Jangid, Advocate For Respondent(s) : Mr. S.S. Raghav, A.A.G.

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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18/05/2022 :

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Petitioner has filed this petition alleging therein that the order dated 28.09.2016 passed by the Co-ordinate Bench of this Court in S.B. Civil Writ Petition No.13375/2016 titled as Sikar Transport Union Vs. State of Rajasthan & Others, has not been complied with.

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Heard learned counsel appearing for the parties and perused the material made available on record.

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(2 of 3)

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[CCP-1568/2016]

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On 28.09.2016 Co-ordinate Bench of this Court, had passed

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the following order :-

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“The learned counsel for the petitioner, during the course of arguments has submitted that his alternative prayer that a Transport Nagar should be established in the city of Sikar has not received attention of the respondents, inspite of the representations (Annexures3, 5, 6 and 7) submitted by the petitioner.

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Issue notice to the respondents.

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On the asking of the court, Mr. N.K. Bhatt, AGC, has accepted the notice on behalf of the respondents. A copy of the petition has been served upon him.

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After going through the contents of the writ petition, Mr. N.K. Bhatt counsel for the respondents has submitted that the respondents shall earnestly consider the prayer of the petitioner regarding establishment of the Transport Nagar in City of Sikar.

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In view of the statement made by Mr. N.K. Bhatt, counsel for the respondents, the present writ petition is disposed of with the direction to the respondents to give due consideration to the prayer made by the petitioner in the representation submitted by him. The representations (Annexure-3, 5, 6 and 7) shall be decided within three weeks from the date of receipt of certified copy of this order by passing a detailed order.”

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In the reply submitted by the respondents, it has been averred that in the present case, Co-ordinate Bench of this Court vide its order dated 28.09.2016 directed the respondents to give due consideration to the prayer of the petitioner regarding establishment of Transport Nagar in City of Sikar. It is submitted that in compliance of aforesaid order, the District Level Transfer Management Committee, in its meeting held on 27.04.2017, considered the points raised by the petitioner-Union, in its representation dated 13.10.2016 and found that the order dated 06.06.2016 issued by District Collector, Sikar restricting entry of heavy goods vehicle in Sikar City from 07:00 A.M. to 09:00 P.M. is just and proper. It is further submitted that with a view to reduce the pressure of traffic and to manage planned traffic system in Sikar City, it was considered to develop Transport Nagar outside the City for which Secretary, U.I.T. was issued directions to take necessary action as

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(3 of 3)

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[CCP-1568/2016]

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per master plan. It is averred that as per the decision taken in its meeting dated 27.04.2017 the process for developing Transport Nagar as per master plan of Sikar City has already commenced. It is further averred that respondents have duly complied with the order dated 28.09.2016 passed by Co-ordinate Bench of this Court and there is no case of any contempt of the aforesaid order. However, in the facts of the present case, if any, contempt of the aforesaid order is found to be made out, the respondents tender their unconditional and unqualified

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apology.

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In view of the reply submitted by the respondents, no ground for further interference is made out.

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Petition stands disposed of accordingly. Rule is discharged.

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(CHANDRA KUMAR SONGARA),J

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ashok/7

Sikar Transport Union v. State of Raj Transport Dep Ors.

Case brief

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Sikar Transport Union v. State of Raj Transport Dep Ors.

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