Uttarakhand Transport Corporation and Another vs State of Uttarakhand and Others

B.S. Verma, J.—Heard Mr. Sharad Sharma, Senior Advocate, assisted by Mr. Ashish Joshi, learned Counsel for the petitioners, Mr. N.P. Sah, Standing Counsel for the State/respondents 1 and 4 and Mr. Pankaj Miglani, Advocate for respondents 2 and 3, and perused the record.

By means of this petition, the petitioners have sought a writ in the nature of certiorari quashing the impugned order dated 18-8-2010, passed by respondent No. 2, (Annexure No. 7 to the writ petition). Further prayer was also made to issue a writ in the nature of mandamus commanding the respondents not to take any consequential action in pursuance to the impugned order.

As per the averments made in the petition, the petitioners are the statutory corporation and engaged in discharging the public responsibility of providing a regulated transport service at an economical rate to the citizens and with the said objective the corporation had to install its workshops, offices and other administrative setup to provide a properly coordinated transport services. To have its bus station, the Government leased out a land to the Corporation, just opposite to the Railway Station, Haridwar. The Corporation constructed bus station over the land and since then is operating the same. Recently the District Administration for the purposes of removing the encroachment as identified by the report submitted by the P.W.D., Railways, Haridwar Development Authority and Municipal Board, launched encroachment drive to remove the unauthorized khokas which were installed adjoining the boundary of the bus stand Haridwar. Consequent upon the encroachment drive, the place occupied by the Khokas in front of bus stop felt vacant. The office bearer of the various associations of taxi and tempo operators have raised an issue before the Minister, requesting for an allocation of place to be utilized as a taxi stand. The matter was politically entertained by the Minister and Executive Officer, Municipal Board was directed to permit the installation of taxi stand in an area of 20 feet inside the area leased out to the petitioners way back in 1950.

Further contention of the petitioners is that the incharge District Magistrate has passed an order on 18-8-2010 whereby direction was issued to Executive Officer to look for a convenient place to be provided for the parking purposes of the taxi, tempo and richshaws operators and the aforesaid direction nowhere intended to convey that the allocation of the place was to be made forthwith and that too on the land of the petitioners. The Executive Officer, Nagar Palika Parishad, Haridwar issued impugned letter dated 18-8-2010, Annexure-7 to the Chairman, Rickshaws Chalak Kalyan Samiti, allotting land of the roadways to them, 20 feet inside the wall of Bus Stand.

Learned Senior Advocate appearing on behalf of the petitioners has submitted that the land was allotted to the corporation way back in the year 1950 and when the corporation came into existence in the year 1972, the said land was handed over to it and the Corporation constructed Bus Stand therein. There is no dispute about the above facts.

Learned Counsel for the petitioners also argued that there can be no parking within the radius of one kilometer in the vicinity of the Bus Stand. The land in dispute has been leased out to the petitioners and Executive Officer Nagar Palika Parishad, Haridwar/Nagar Palika Parishad has no authority to allot 20 feet land of the petitioners for the purposes of parking of taxis, tempos and rickshaws etc. Learned Counsel also apprised the court that the impugned order of the Executive Officer has been stayed by the Chairman, Nagar Palika Parishad, Haridwar vide his order dated 19-8-2010.

Learned Counsel appearing on behalf of respondents 2 and 3 raised preliminary objection that the petitioner has already filed civil suit before the Civil Judge, Haridwar, in which notices have been issued on the application under Order 39, Rule 1 and 2 C.P.C. and the matter is pending there.

Having considered the submissions of learned Counsel for the parties and in the facts and circumstances of the case that civil suit is pending pertaining to the matter in issue and the impugned order passed by Executive Officer, Nagar Palika Parishad, Haridwar has been stayed by the Chairman of the Nagar Palika, therefore, I am not inclined to entertain the present writ petition. The petitioners may assail the impugned order in the civil suit.

The Civil Judge, concerned shall decide the civil suit on its merits without being influenced by the observations made in this order.

With the aforesaid observations, the writ petition is dismissed.