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Truck Malik Welfare Association And Another v. State Of U.P. And Others - WRIT - A No. 57042 of 2005  RD-AH 2743 (12 September 2005)
Civil Misc. Writ Petition No.57042 of 2005
Truck Malik Welfare Association & Anr.
The State of U.P. & Ors.
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Shishir Kumar, J.
Supplementary affidavit filed by Shri H.P. Dubey, learned counsel for the petitioners be taken on record.
This writ petition has been filed by the Truck Owner Association seeking the following reliefs :-
1. to issue a writ, order or direction in the nature of mandamus commanding the respondents and their subordinates not to realize the penalty from the petitioners excess to the rate fixed in the notification dated 27.10.2004 issued by the State Government of Uttar Pradesh.
2. to issue a writ, order or direction in the nature of mandamus commanding the respondents and their subordinates not to harass to the petitioners in operation of their goods carriage, in any manner, if the documents of the vehicles are valid.
This is a writ petition filed by a registered Association seeking the aforesaid reliefs for its members. Learned Standing Counsel appearing for the respondents has submitted that in view of the provisions of Illustration (e) of Section 114 of the Evidence Act, every action taken by the State or its instrumentalities is supposed to be in accordance with law. However, this is a presumption in law and may be rebuttable. Therefore, it has been assured by the learned Standing Counsel that the penalty shall not be recovered from any of the members of the petitioners Association or similarly situated persons unless they commit the offences under the provisions of the Motor Vehicles Act or Rules framed there under, nor the State Authorities or its Subordinate officers shall harass any owner of the goods carriage unless it is found that the carriage is being plied, violating the terms and conditions of the permit. We found it shocking that the authorities have issued receipts after charging the penalty permitting the truck owners to ply their vehicles overloaded for a period stipulated therein. Such a course is not permissible, therefore, we dispose of this writ petition with the following directions:-
1. The State Authority or its Subordinate officers shall not harass any transporter unless the vehicle is found to be plied violating the terms and conditions incorporated in the permits.
2. If any truck or vehicle is found to be overloaded, it shall be dealt with treating that the overloading is a single incident and penalty shall be imposed on that basis treating it to be a single incident.
3. In case, any penalty is imposed upon any individual and his vehicle is detained, and the person is registered owner of the vehicle and is not satisfied of the penalty so imposed, it will be open for him to contest the said case before the Competent Authority and shall also be able to move an application for release as if it has been detained under Section 207 of the Motor Vehicles Act, 1988. If such an application is filed, it shall be dealt with either by the Regional Transport Officer, Assistant Regional Transport Officer or the Chief Judicial Magistrate, as the case may be, and dispose of the same in accordance with law expeditiously, as early as possible.
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