Rajeshkumar Babulal Kareliya vs State Of Gujarat And Others

S.R. Brahmbhatt, J

The petitioner has taken out present PIL with following prayers:

[A] Your Lordships may kindly be pleased to admit and allow this petition in the in interest of justice;

[B] Your Lordships may be pleased to issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondent to implement an effective mechanism to deal with the issue overloading of vehicles on the highways under the jurisdiction of the Respondent;

[C] Your Lordships may be pleased to issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent to implement notification No. Toll/10-2011/835/8/Pvt dated 4.3.2014 issued by the Office on Special Duty R&B Division, Government of Gujarat notification.

[D] Your Lordships may be pleased to direct the Respondent to ensure effective implementation of prevailing Motor Vehicle laws and to further expedite the passing of pending legislative measures as may be required to ensure public safety;

[E] Your Lordships may be pleased to pass such other and further reliefs that may be deemed just, fit and proper"

Learned counsel appearing for National Highway Authority submitted that so far as National Highway Authority is concerned, they are falling under the National Highway Act and Rules.

Shri Marfatia, learned advocate appearing for the petitioner submitted that in the present petition the prayers are against the State and Stage Highway Authority and other Highway authority.

Learned AGP at this stage, places on record the order passed by this Court in Writ Petition (PIL) No. 275 of 2017, which reads as under:

"The prayer in this Writ Petition (PIL) is to issue appropriate direction to the respondents to regulate control over loading of trucks in the region of Kutchh, for which reliance is placed on a decision of the Apex Court for which we are of the view that appropriate decision can be taken by the Commissioner, Transportation, State of Gujarat, if the petition ventilate their grievances.

With the aforesaid, this Writ Petition (PIL) is disposed of"

We are of the view that petitioner would be entitled to place appropriate representation before the concerned authority, who is under order of this Court examined and therefore, in that view of the matter, petition is disposed of with a liberty to approach the Court in case of difficulties. Notice discharged.