Bhanwar Lal Son of Shri Mohan Lal Saini v. Veer Singh Son of Shri Hazari Lal
2017-11-03
AJAY RASTOGI, DEEPAK MAHESHWARI
body2017
DigiLaw.ai
ORDER : 1. Instant special appeal is directed against order of the Ld. Single Judge impugned dt.31-1-2017. 2. Application has been filed seeking leave of the Court in assailing order of the Ld. Single Judge impugned dt.31-1-2017 as their rights have been seriously affected at the same time there is delay in filing appeal in support thereof separate application has been filed seeking condonation of delay u/S. 5 of Limitation Act. 3. Counsel submits that they were not party to the proceedings before the Ld. Single Judge and immediately after further action being taken by the state authorities in compliance of order of the Ld. Single Judge dt.31-1-2017, steps were taken of filing intra court appeal and since their rights are being directly affected application has been filed seeking leave of the Court. 4. Application seeking leave of the Court stand allowed. 5. After hearing counsel for the appellant we are satisfied that the delay has been satisfactorily explained & deserves to be condoned. 6. It is alleged by the appellant that they are having valid permit being a contract carriage operator and holders of All India Tourist permit to ply their vehicles on the subject route in question as assigned to them u/R.5.9(IX) of the Rules, 1990 and further submits that the order has been passed by the District Collector, Sikar in exercise of power u/S.115 of the Motor Vehicles Act, 1988 read with R.8(1) of the Motor Vehicles Rules, 1990 dt.6-6-2016 restraining the route permit holders to ply their vehicles within the city of Sikar from morning 7AM to evening 9PM and they may routed to ply their vehicle from Sikar bye-pass to their further destinations. 7. Counsel submits that the order passed by the District Collector, Sikar dt.6-6-2016 is beyond authority & competence and once they are holding a valid permit at least the District Collector Sikar has no authority to restrain from ply their vehicles and submits that the writ petition came to be filed for implementation of the order dt.6-6-2016 and that was disposed of with direction to make representation and they are apprehending of their vehicles being seized even if they ply with valid permit. 8. The Ld. Single Judge under its order impugned has disposed of the writ petition with direction to make representation to the authority to decide in accordance with law and as regards submission of appellants' counsel Sh.
8. The Ld. Single Judge under its order impugned has disposed of the writ petition with direction to make representation to the authority to decide in accordance with law and as regards submission of appellants' counsel Sh. U.P Gaur in assailing order of the District Collector, Sikar dt.6-6-2016 it was nowhere examined by the Ld. Single Judge under the order impugned. 9. After going through order of the Ld. Single Judge, we find no error which may call for interference. However, the appellant if aggrieved of order of the District Collector, Sikar dt.6-6-2016 he is at liberty to avail remedy which the law permits to him. 10. Consequently, the appeal stands dismissed with the liberty indicated above.