BIHARILAL BANJARA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Since both the Writ Petitions involve similar questions, they were heard together and are being disposed of by this common Judgment. In these Writ Petitions, the Petitioners have challenged the action of the Transport Commissioner -cum -Chairman, State Transport Authority, Orissa, Cuttack in inviting applications by way of advertisement for grant of licence for installation of private weighbridge at Kanakatora and Taparia MVI and Sales Tax check gate near the border area of Orissa and Chhatisgarh,

(2.) THE facts, in a nutshell, are as follows: Earlier, the Petitioner in W.P.(C) No. 14195 of 2008 approached this Court by filing W.P.(C) No. 6408 of 2008 with regard to grant of permission for installation of private weigh bridge at Kanakatora & Sates Tax Check Gate in the district of Jharsuguda. The said Writ Petition was disposed of on 15.5.2008 with a direction to Opposite Parties to take a decision on the application of the Petitioner within a period of two months. In consequence of the said direction, Opposite Party No. 3 informed the Petitioner that it was decided that the Transport Commissioner would invite the intending parties through newspaper advertisement with a view to give everyone a fair chance to set up weigh bridge at Kanakatora Check gate under RTO, Jharsuguda & if the Petitioner so likes he may apply for the same.

(3.) AS per Rule 157(1) of Motor Vehicles Rules, the Commissioner may Issue instructions regarding the procedure to be followed by the Registering authorities for installation of a weighbridge under Clause (ii) Accordingly, the Transport Commissioner informed the Petitioner about inviting of applications through advertisement. Though the Transport Commissioner indicated that, an advertisement would be issued for inviting applications from the intending parties in order to give a fair chance to set up a weighbridge, without doing so till date the Opposite Parties permitted Opposite Party No. 6, who proceeded with the construction work for installation of the weighbridge. The said action of the Opposite Parties is illegal and arbitrary. Therefore, the Petitioner has approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. He further alleged that Opposite Party No. 6 in order to have monopoly business by installing private weighbridges at different places in the State of Orissa, obtained the licence from the office of the Opposite Parties without any advertisement/tender, etc.