RAMA GUPTA Vs. STATE OF H.P.

JUDGEMENT

(1.) Notice. Mr. Pushpender Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents.

(2.) By way of this petition, the petitioner has assailed notice Annexure P-11, dtd. 6/1/2026, issued under Sec. 4(1)(b) of the Himachal Pradesh Road Infrastructure Protection Rules, 2004, for contravention of prohibited acts on road infrastructure as provided under Sec. 3 of the Himachal Pradesh Road Infrastructure Protection Rules, 2004. The notice reads as under:-

(3.) Learned Counsel for the petitioner has drawn the attention of the Court to Rule 4(1)(b) of the Himachal Pradesh Road Infrastructure Protection Rules, 2004 (herein after to be referred as 'the 2004 Rules for short) and submitted that the notice ex facie is not sustainable in the eyes of law because under Rule 4(1)(b) of 2004 Rules, notice can be issued only for the purposes as mentioned therein and the same did not include what has been mentioned in the Rules.