IN THE MATTER OF THE COMPANIES ACT, 1956 & THE COMPANIES ACT, 2013 AND BRIGHT LIFECARE PRIVATE LIMITED Vs. STATE

JUDGEMENT

(1.) Issue notice to respondents no.1 to 4. Under the instructions of Court, Shri P.R. Singh, learned Additional Advocate General accepts notice.

(2.) The grievance of the petitioner is that, though, a Transport Nagar has already been developed by the Municipal Board, Sumerpur but several transport companies are yet operating their business in residential area of the township of Sumerpur. According to learned counsel, continuance of transport business in residential area of Sumerpur town is creating a great hazard in public movement. It is also pointed out that before approaching this Court, the petitioner submitted a representation to the Sub-Divisional Officer, Sumerpur, who also agreeing with the cause agitated considered it appropriate to remove the transport operators from the area concerned but all the transport operators have yet not been removed. An order as per Section 133 and Section 142 of the Code of Criminal Procedure too has been passed by the Sub-Divisional Officer, Sumerpur but of no consequence.

(3.) Having considered all facts of the case, we deem it appropriate to dispose of this petition for writ by directing the Collector, Pali to take immediate steps to ensure that no business of transport operators is carried out in residential area of Sumerpur town. For the purpose the Collector, Pali shall constitute a Committee consisting of Sub-Divisional Magistrate, Sumerpur; Executive Officer, Municipal Board, Sumerpur and Deputy Superintendent of Police, Sumerpur. The Collector, Pali shall also nominate a person of truck/transport operators' union and a public representative to carry out the directions given. Necessary steps are required to be taken within a period of 15 days from today. The writ petition stands disposed of accordingly.