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JAGTAR SINGH versus STATE OF PUNJAB & ORS

High Court of Punjab and Haryana, Chandigarh

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Jagtar Singh v. State of Punjab & Ors - CWP-9897-2006 [2006] RD-P&H 5806 (22 August 2006)

C.W.P NO. 9897 OF 2006 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

* * * * *

C.W.P NO. 9897 OF 2006

Date of decision : August 11, 2006

* * * * *

Jagtar Singh ............Petitioner

Vs.

State of Punjab & others ...........Respondents * * * * *

CORAM: HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE H.S BHALLA

Present: Mr. Gurminder Singh, Advocate for the petitioner(s).

Mr. Sukhdip Singh Brar, Additional Advocate General, Punjab.

Mr. Ajay Gulati, Assistant Advocate General, Haryana.

Mr. K.K Gupta, Advocate for respondents no. 3 & 4.

* * * * *

Viney Mittal, J. (Oral)

Written statement, on behalf of respondents no. 3 & 4, filed in the Court today, has been taken on record. Copy thereof has been supplied to the learned counsel for the petitioner.

On August 8, 2006, a specific query was put to learned counsel appearing for the Food Corporation of India (hereinafter referred to as `the Corporation') as to whether the Corporation is permitting the over-loading of the trucks containing the food grains. Adjournment was sought by the learned counsel appearing for the Corporation to seek instructions.

Mr. K.K Gupta, learned counsel appearing for the Corporation states that it may not be possible for the Corporation to enforce various C.W.P NO. 9897 OF 2006 2

provisions of the Motor Vehicles Act, inasmuch as, the aforesaid enforcement is within the domain of the State authorities.

Without going into the enforcement of the various provisions of the Motor Vehicles Act, 1988, we are satisfied that the Corporation has to at least ensure and take such steps as are within its control, that the transport vehicles used by the Corporation are not overloaded in the godowns/loading centres by the Corporation.

We further make it clear, that if any of the transport contractors indulges into overloading of the transport vehicles within the godowns/loading centres of the Corporation then, in such a case, the Corporation should initiate proceedings against such contractor for the termination of their contract in accordance with law.

Consequently, we dispose of the present petition with a direction to the Corporation to ensure that the officers of the Corporation do not permit the overloading of the transport vehicles in the godowns/loading centres used by the Corporation. The present petition is disposed of accordingly.

( VINEY MITTAL )

JUDGE

August 11, 2006 ( H.S BHALLA )

ritu JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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