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High CourtsSingle Bench(2011) 04 DEL CK 0089

Vinod Tiwari vs Govt. of NCT of Delhi and Others

Delhi High Court · Decided on 1 April 2011

HON’BLE JUDGES
Indermeet Kaur, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 6340 of 2010 and CM No. 12595 of 2010

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Judgment

13 paragraphs · 379 words

Indermeet Kaur, J.

CM Nos. 12596/2010 & 12597/2010 (for exemption)

Allowed subject to just exceptions.

W.P. (C) No. 6340/2010 & CM No. 12595/2010

1.

Pleadings are complete.

2.

This writ petition has challenge the policy of the Government of the NCT of Delhi i.e. the Sate Transport Authority dated 03.6.2009; the prayer is that this resolution/policy being volatize of the various provisions of the Motor Vehicle Act is illegal, unreasonable and also volatize of Articles 14, 19 and 21 of the Constitution of India; the Respondent be directed to renew the stage carriage permit of the Petitioner and he be permitted to run his bus.

3.

The facts as emanating from the petition are that the bus of the Petitioner had met with an accident at Kalindi Kunj, New Delhi on 28.8.2009. Fir No. 448/2008 under Sections 279/304A of the IPC was registered in police station Sarita Vihar against the driver of the bus. Charge sheet was issued against the driver; thereafter the Motor Vehicle Claim Tribunal had awarded compensation to the legal heirs/dependents of the victim vide its order dated 12.7.2010.

4.

The Petitioner''s bus met with a second accident on 14.12.2001; one lady had died; FIR No. 26/2010, police station Fatehpur Beri under Sections 379/304A IPC.

5.

In view of the affronted two accidents, when the Petitioner had applied to the department for renewal of his permit the same had been denied. Present petition had accordingly been filed.

6.

This policy dated 3.6.2009 was the subject matter of Bernard Soreng v. State Transport Authority NCT of Delhi. W.P.(C) No. 2128/2010 It has been upheld. It was held that policy was neither discriminatory nor unreasonable.

7.

The whole edifice of the case of the Petitioner is based on this policy. The petition is not maintainable; it is dismissed.

8.

At this stage counsel for the Plaintiff submits that in view of the fact that in the first FIR i.e. FIR 448/2008 registered on 28.82009 compensation has been paid to the victim, the case of the Petitioner be considered sympathetically and he may be granted a contract carriage permit in terms of this affronted policy. It is for the Petitioner to approach the department and seek redressed of his grievance.

9.

Writ petition as also pending application is dismissed.