P K KHATRI Vs. STATE OF U P
LAWS(ALL)-2009-5-685
HIGH COURT OF ALLAHABAD
Decided on May 06,2009

P.K.KHATRI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

S.N.H. Zaidi, J. - (1.)HEARD the learned counsel for the petitioner Sri S.M.K. Chaudhary and Sri H.P. Srivastava, learned Additional Chief Standing Counsel for the State. By means of this petition filed in the nature of public interest litigation, a prayer has been made that the opposite parties be directed to take immediate remedial measures against the action of the transport authorities prevailing in the hill area in respect of endorsing on the driving licences for permission to drive in hill area without there being any trial and also in respect of the demand of the charges under the garb of fitness certificate. The petitioner, who claims to be a social worker after being retired from the transport department, has filed this petition apparently in the interest of the traveling public and for avoiding the accidents and road calamities. The writ petition does not give any data nor any specific policy or any of the conditions, which are required to be followed for driving in the hill areas. Merely because an allegation has been made in the writ petition, it would not be sufficient for us to presume that the transport authorities are not discharging their functions in accordance with the relevant rules. We, however, do feel that even though a mandamus cannot be issued in the facts and circumstances of the case because the pleadings in the writ petition are too short and absolutely vague, but it is the own responsibility and duty of the transport department to see that the motor vehicles, which are allowed to ply or run in hill areas are properly checked and their fitness be looked into and the drivers who are allowed to drive their vehicles must be fully equipped and trained and for that matter necessary certificate/endorsement is made as per rules. We, therefore, dispose of the writ petition finally with the aforesaid observations, expecting that the transport department shall do the needful and shall take necessary precautionary measures in the interest of the traveling public.


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