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2012 DIGILAW 785 (ALL)

Lucknow Rikshaw Chalak Welfare Society Thr. President & Anr. v. State of U. P. Through Principal Secy. Urban Development

2012-03-30

DEVENDRA KUMAR UPADHYAYA, DEVI PRASAD SINGH

body2012
Devi Prasad Singh & Devendra Kumar Upadhyaya, JJ. ;- 1. Heard learned counsel for the petitioner and the learned standing counsel. 2. Petitioners Association has raised problems faced by rickshaw-pullers in the city of Lucknow. According to petitioners' counsel, the rickshaw-pullers are facing problems not only with regard to grant of license but while plying rickshaw on the roads during day or night, they are faced with various problems from the local police. Submission is that with regard to the persons belonging to lower strata of society, appropriate provisions be made and remedial steps be taken so that they can be saved from different sufferings and adverse consequences or financial loss because of apathy of the society while the rickshaw pullers ply their rickshaws during day or night hours. Grievance is that petitioners have submitted representations from time to time but they remained unattended and no heed has been paid to their grievances. According to petitioners' counsel, though the rickshaw pullers pay fees for grant of license for plying rickshaw but Lucknow Nagar Nigam, Lucknow, does not provide any facilities. 3. Needless to say that in a democratic polity, more attention should be paid to bread earners of lower strata of the society. Their voice should not be scuttled down and the peoples' representatives as well as the officers of the Government and local bodies must pay attention to resolve their problems in accordance with Rules. In case there are certain obstructions in enforcing welfare schemes, then such obstructions should be removed. Lucknow Nagar Nigam as well as district authorities must pay proper attention to the plight of Rickshaw-pullers and regulate their functioning in a just and fair manner. 4. Accordingly, we dispose of the writ petition finally with liberty to the petitioners to move a fresh comprehensive representation along with the present order to the Municipal Commissioner within two weeks. The petitioner may also submit a representation to the District Magistrate/Deputy Inspector General of Police/Senior Superintendent of Police, Lucknow with regard to the problems which the rickshaw-pullers are facing from the local police, within the aforesaid period of two weeks. The District Magistrate/Deputy Inspector General of Police/Senior Superintendent of Police, Lucknow shall look into the matter and provide a chance of hearing to the petitioners and their representatives to resolve their problems in accordance with law. 5. The District Magistrate/Deputy Inspector General of Police/Senior Superintendent of Police, Lucknow shall look into the matter and provide a chance of hearing to the petitioners and their representatives to resolve their problems in accordance with law. 5. Let a decision be taken by the Municipal Commissioner, District Magistrate/Deputy Inspector General of Police/Senior Superintendent of Police, Lucknow redressing the grievances and problems of the rickshaw-pullers expeditiously within three months. The decision so taken by all these three authorities, shall be communicated to the petitioners. In case petitioners' problems are not resolved in a just and fair manner by these authorities, it shall be open to the petitioners to approach this Court again. 6. Subject to above, the writ petition is finally disposed of.