Arun Kumar vs The State of Bihar and Others

By this petition, as P.I.L filed under Article 226 of the Constitution of India, the petitioner has prayed for issuance of an appropriate writ/writs, order/orders, direction-directions commanding the respondents to implement Rule 100(2) of the Central Motor Vehicles Rules, 1989 (hereinafter referred to as the Rules) by removing the coloured and dark films from the glasses and windscreens of the Vehicles moving in and around the State Capital. The legal position is well-settled that no writ in the nature of mandamus can be issued commanding the State functionary to enact the law or to implement the same.

However, this court under its prerogative power, indeed, can direct the authorities to consider the implementation of Rule 100 (2) of the Rules, if it is in public interest.

This being so, we direct the authorities to consider the implementation of Rule 100(2) of the Rules, if an appropriate application is made before it (see the case of Aeltemesh Rein, Advocate, Supreme Court of India Vs. Union of India (UOI) and Others, ). With this direction, this petition is disposed of finally.