High CourtsSingle Bench(1957) 05 J&K CK 0001

Bakshi Hardutt vs State of Jammu and Kashmir and another

Jammu And Kashmir High Court · Decided on 4 May 1957 · Citation: AIR 1957 J&K 47

HON’BLE JUDGES
Kilam, J
CASE NUMBER
Writ Petition No. 89 of 1956

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Judgment

12 paragraphs · 278 words
1.

This is a writ petition, by one Mr. Hardutt which reveals a situation which is more or less intriguing. It is admitted on behalf of Hardutt that the

vehicle for plying which he had sought a permit from the Transport Department is net of the specifications provided by law but it is argued that

similar vehicles with similar specifications are on the road and the denial of a permit to the petitioner alone is 'discriminatory'. That there are such

vehicles which an not in accordance with the specifications laid by the rules, has been admitted by Mr. Charanjil Lal who appeared on behalf of the

Transport Department and whose statement was recorded by me. Why should such vehicles whose specifications are not according to law have

been permitted to ply on the road and why should the petitioner be singled out for a treatment different from such other people, is a matter which

might raise a number of questions with which I may not feel myself very much concerned.

2.

But this by itself would not entitle Hardutt to the grant of a writ. If the authorities have chosen to act against law in say, hundred cases, it does

not mean that I should force them to act in hundred and first case also in a similar manner. Hardutt should have no grievance if the law has been

enforced in his case. Some day I hope that the law will have its course in other similar cases as well which are this time being treated in a different

manner. Per that day we might wait for the present. This writ petition is. rejected.

3.

H.G.P. Petition rejected.