ANJANA BABULAL DARABAD Vs. COMMISSIONER, S.T.A.

JUDGEMENT

(1.) IN the above batch of writ petitions, the petitioners have challenged the Vehicle Checking Reports issued by the authorities under Motor Vehicles Act and the rules framed thereunder. Since common questions of facts and law are involved in these writ petitions, they have heard together and are disposed of by this common order.

(2.) THE fact leading to issuance of Vehicle Checking Reports against the owner/driver/conductor is that they have violated the conditions of Motor Vehicles Act, 1988 and Rules framed thereunder, in that there was want of Taxation, Permit, Fitness Certificate, Registration Certificate, Certificate from the Pollution Control Board, over -loading, unauthorized persons driving the vehicle, driving vehicles in contravention of Sections 3 or 4 of the Motor Vehicles Act, driving at excessive speed and driving by a drunken person or by a person under the influence of drugs. It is appropriate to mention here that for contravention of provisions of the M.V. Act and Rules framed there under, penalty has been prescribed under Chapter -XIII of the M.V. Act and procedure has also been envisaged under the said Act to work out its remedy. But instead of complying the same, the owners/drivers/conductors have straightaway approached this Court invoking the extra -ordinary jurisdiction under Articles 226 and 227 of the Constitution of India without availing the statutory remedies available under the said Act.

(3.) MR . J. Pal, learned standing counsel appearing for the Transport Department has vehemently objected to the contention raised by the learned counsel for the petitioners and stated that when a complete mechanism is available under the statute, namely, Motor Vehicles Act and Rules framed thereunder, there is no valid or justifiable reason available to the petitioners for invoking the extraordinary jurisdiction of this Court by filing these writ petitions.