ORDER Sanjay Yadav, J. 1. Heard. 2. Petitioner by way of present writ petition filed under Article 226 of the Constitution of India, seeks following direction: (i) To issue a writ of mandamus directing the Respondents to comply with a direction issued by the Hon'ble High Court vide order dated 7-5-2001 in Writ Petition No. 1820/01 through out the State and extend the operation of the order dated 7-5-2001 accordingly. (ii) to issue a writ prohibition the officers permitting the transporters or contractor from carrying the sand more than that prescribed in the Registration Book of the Vehicle and for contravention appropriate action as provided under law be taken as laid down under Section 114 of Motor Vehicles Act. (iii) To issue the any other writ order of direction which the Hon'ble Court deems fit under the under prevailing facts and circumstances of the case. 3. The reliefs are sought in the background of the fact, that the Petitioner in pursuance to tender notice dated 26-3-2010 issued by the State Mining Corporation for sale of sand for District Hoshangabad, Sehore and Raisen entered into contract for sale of sand from the sand quarries of the State Mining Corporation. It appears, during operation of the contract the Petitioner has experienced violation of various norms under Section 113 and 114 of the Motor Vehicles Act, 1988 (hereinafter to be referred as 'the Act of 1988') which permits prescribed laden weight for the vehicles. And observing that besides the statutory provisions there is a direction by this Court in consonance with the statutory provision, has approached, this Court for similar direction. 4. In Narmada Enterprises v. State of M.P. and Ors., W.P. No. 1820/2001 By this writ petition preferred under Articles 226 and 227 of the Constitution of India the Petitioner has prayed for issue of a direction to the Respondent Nos. 3 to 5 to command the Respondent No. 6 to is that the Panchayats within their jurisdiction do not overload the sand of rivers of their territory against the prescribed weight mentioned in the Registration Certificate Book and further not to issue the transit pass in respect of the vehicles which carry the sand overloaded from the river. A further prayer has been made to take suitable action against the person who violate the provisions as have been enumerated under Sections 113 and 114 of the Motor Vehicles Act, 1988. A further prayer has been made to take suitable action against the person who violate the provisions as have been enumerated under Sections 113 and 114 of the Motor Vehicles Act, 1988. On a perusal of the writ petition it appears that in Paragraph 5.3 there are allegations that the Janpad Panchayats and Gram Panchayats Respondent Nos. 3 to 5 are misusing the authority and power and are transporting the sand from river and selling the same by over loading the vehicle. As far as rate is concerned that cannot be looked into but as far as the load is concerned that is controllable under the provisions of the Motor Vehicle Act, 1988. As the Petitioner has been awarded contract by the M.P. State Mining Corporation he has legitimate grievance against such an activity. Keeping the aforesaid factual matrix in view, when the matter was listed on 12-4-01, learned Panel Lawyer for the State was required to obtain instructions in the matter. The matter stood adjourned to 24-4-2001 Mr. Vivek Awasthy, learned G.A. for the State prayed for further 10 days time to obtain instructions. In spite of this no instructions have yet been obtained. In view of the totality of the circumstances it is directed that the Respondent Nos. 3, 4 and 5 namely the Collector, Hoshangabad, Collector, Sihore and the Collector, Raisen shall instruct the concerned Regional Transport Officers to see that no truck is overloaded carrying the stand as it affects the commercial interest of the Petitioner the interest of the M.P. State Mining Corporation. It is expected that the authority would rise to the occasion and issue appropriate instruction. So that the licence as well as the Janpad Panchayat and Gram Panchayat do not act illegally to get undue advantage. That apart the authorities concerned would see that the permissible load is as per prescribed in the R.C. Book. Mr. P.D. Gupta, learned Deputy Advocate General for the State submits that the sand is measured by cubic meter, I am not inclined to advert to this aspect. It is only hereby stated that no truck shall carry beyond the capacity as permissible in law. With the aforesaid directions the writ petition stands disposed of. 5. In the case at hand, on 7-5-2010, learned Govt. Advocate was requested to seek instructions. 6. When the matter is taken up today it is submitted by the learned Govt. It is only hereby stated that no truck shall carry beyond the capacity as permissible in law. With the aforesaid directions the writ petition stands disposed of. 5. In the case at hand, on 7-5-2010, learned Govt. Advocate was requested to seek instructions. 6. When the matter is taken up today it is submitted by the learned Govt. Advocate that, the direction in M/s. Narmada Enterprises (supra), was qua the respective districts therein and not for other districts, and therefore, not binding at other places. However, the statutory provisions as contained under Sections 113 and 114 of the Act of 1988 and its applicability to the State of M.P. is not disputed. Nor the fact that, the direction in M/s. Narmada Enterprises (supra), is in consonance with the provisions of Act of 1988. 7. Therefore, in the considered opinion of this Court, it is incumbent upon the State of M.P. and its functionaries to apply the direction in M/s. Narmada Enterprises (supra), mutatis mutandis in the entire State of Madhya Pradesh. 8. With these direction the petition is disposed of finally. No costs.