RAM SAHAI VARMA Vs. STATE OF M P

JUDGEMENT

(1.) This order shall govern disposal of the connected petition also, namely, Misc. Petition No. 386 of 1989 (Vishnu Datt Tiwari v. State of Madhya Pradesh) as a common grievance is agitated by both petitioners regarding traffic problem in the city of Gwalior on a road facing this Court.

(2.) A return has come in this petition though in the other matter, there is no return as yet. However, both petitions being interlinked for analogous hearing, we have considered it appropriate to consider the stand of the respondents with respect to petitioners' common grievance and in that connection, we have read the return in appropriate perspective. But the short complaint of the petitioner, who is an Advocate of this Court, and the legal basis thereof may be stated firs The complaint is that the authorities, namely, the Collector and District Magistrate, Gwalior (respondent No. 1) and Superintendent of Police (Traffic), Gwalior (respondent No. 2) have arbitrarily and illegally restricted movement on the road aforesaid which, as per Annexure-R/2 of the return, is that the portion of the road which covers Inderganj (Ghoda Chowk) and runs up to "Jinsi Nala Chouraha". Admittedly, that portion of the road is kept open to one-way traffic only and the undisputed position on facts is also that the road leads to Courts and educational institutions.

(3.) It is submitted that the restriction has resulted in serious hardship and inconvenience particularly to students and lawyers but generally to people from all walks of life who have been using that road and plying ordinary vehicles thereon. They are put to great inconvenience, it is submitted, as the alternative route is not convenient at all and the restrictions are not " in the interest of public safety or convenience". It is submitted also that the provisions of S.74 of the Motor Vehicles Act, 1939 and of R.257 of M. P. Motor Vehicles Rules, 1974 are breached as the requirements thereof have not been fulfilled. Those are quoted :