High CourtsSingle Bench(2011) 03 DEL CK 0372

Bimla Kumari vs Govt. of NCT of Delhi and Others

Delhi High Court · Decided on 28 March 2011

HON’BLE JUDGES
Indermeet Kaur, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 3536 of 2010 and CM No. 7044 of 2010

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Judgment

3 paragraphs · 259 words

Indermeet Kaur, J.—This writ petition has sought the quashing of the scheme propounded by the Government of NCT of Delhi which was a scheme propounded for the operation of private stage carriage service in Delhi. This scheme was promulgated in the year 2007. It was known as ''Operation of private stage carriage service in Delhi''. It provided that the entities selected through competition would provide stage carriage service under a suitable and contractual structure; specific performance standards would be prescribed. Contention in this petition is that the said scheme framed by the Respondent Government is contrary to the provisions of the Motor Vehicle Act. Prayer in the petition is that the said scheme be quashed.

2.

A Division Bench of this Court had been ceased of various matters under the Motor Vehicle Act including the said scheme i.e. scheme of 2007 relating to the operation of private stage carriage service in Delhi. The Division Bench had pronounced its judgment in W.P.(Crl.) 878/2007 titled Court on its Own Motion v. State of NCT of Delhi and Ors. decided on 03.03.2011. It is not in dispute that this scheme was a subject matter of the judgment of the Division Bench; a detailed scrutiny of the said scheme had been gone into; it has been upheld; it has also been implemented. There is no dispute about this. The relevant extract of the judgment of the Division Bench is from para 29 onwards.

3.

In view of the above, the present petition is not maintainable. Writ petition as also pending application is dismissed.