S.K. SRIVASTAVA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner operates a Stage Carriage for which he has a valid permit. He is aggrieved by an order dated 17.03.2012 passed by Sub-Divisional Magistrate, Vikas Nagar, District Dehradun wherein certain restrictions have been made, inter alia of stage carriages which passed through Vikas Nagar. According to the respondents, such powers are vested with the Sub-Divisional Magistrate under Section 115 of the Motor Vehicles Act, which reads as under:-

(2.) The order dated 17.03.2012 which is impugned in this matter has been perused. The said order of the Sub-Divisional Magistrate has regulated the passage for the vehicles which are passing through Vikas Nagar. The same seems to be in the public interest. Undoubtedly the powers, which have been vested to the State Government, under Section 115 of the Motor Vehicles Act, are in public interest so that traffic is regulated in that particular area. However, the main contention of the petitioner is that Sub-Divisional Magistrate is not authorised to pass such order in view of Section 115 of the Motor Vehicles Act. Moreover, he further contends that in view of the proviso of Section 115 of the Motor Vehicles Act if the restriction has to continue beyond a period of one month then it has to be published in Official Gazette. The petitioner has further argued that there is also no notification in the Official Gazette as well.

(3.) In its counter affidavit State has neither categorically stated that Sub-Divisional Magistrate has any power under Section 115 of the Motor Vehicle Act nor they have stated that there is any publication in Official Gazette as required under Section 115 of the Motor Vehicle Act. Learned counsel for the petitioner further states that under Rule 180 to the Uttarakhand Motor Vehicles Rules, 2011 these powers have been given to the State Government, which reads as under:-