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2006 DIGILAW 2116 (PNJ)

Baljit Singh v. State Of Haryana

2006-05-15

M.M.KUMAR, M.M.S.BEDI

body2006
Judgment M. M. KUMAR, J. 1. During the course of arguments, it has transpired that the petitioner did not have Heavy Transport Vehicle driving licence (H. T. V. driving licence) in the year December 1993, as per the scheme evolved by HON BLE Supreme Court vide its order dated January 16, 2004 (P-9 ). The petitioner has made an attempt to persuade us to accept the certificate issued by the Employment Exchange (P-1) dated January 8, 1991 to show that he was registered as a Heavy Transport Vehicle driving licence. In other words, the petitioner wanted us to presume the existence of Heavy transport Vehicle driving licence in December 1993 when he was registered on January 8,1991, with the Employment Exchange. However, the written statement filed by Employment Exchange does not support the stand of the petitioner as it has been mentioned in the preliminary objection that the original Index Card (X-I) is not available with the Employment exchange, Hisar and in the absence of the Index Card the position about a valid Heavy Transport Vehicle driving licence at the time of registration with the Employment Exchange cannot be verified. 2. Having heard the arguments, we are of the considered view that on the basis of the aforementioned fact, it is not disputed that the petitioner was not possessing a valid Heavy Transport Vehicle driving licence in December 1993, as no proof of the existence of such a licence has been furnished. Learned counsel for the petitioner, however, states that the petitioner would move an appropriate application before the Licencing authority which have issued such a licence in the year 1991 for issuing a duplicate copy of the licence. He requests for withdrawal of the petition, at this stage with liberty to file a fresh one, if he is able to obtain a duplicate copy. 3. In view of the above, we dismiss the writ petition as withdrawn with liberty to file a fresh one in case a duplicate Driving Licence issued by the Licencing Authority is obtained showing that the petitioner had a Heavy transport Vehicle driving licence, issued in the year 1991.