PARAMJEET SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission and interim relief.

(2.) It is submitted by the learned counsel for the petitioners that the respondent/ authorities in exercise of powers under section 115 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') are issuing repeated orders prohibiting heavy vehicles and traffic in the city of Jabalpur between 6 a.m. and 9 p.m. IT is stated that this is causing great inconvenience to the members of the petitioner- association specifically those who are plying vehicles on Bhopal-Mandla route. IT is futher submitted that the repeated exercise of powers under section 115 of the Act is not envisaged by the provisions of the Act and in spite of the fact that the writ petitioners have approached the respondent/authorities by filing representation, no decision thereon has been taken by the authorities till date.

(3.) It is made clear that this Court has not expressed any opinion on the entitlement of the petitoners and, therefore, the respondent/authorities while deciding the aforesaid representation would be at liberty to take into consideration all facts and facets of the case and thereafter take a decision thereon by either accepting or rejecting the same.