LAWS(RAJ)-2020-9-95

MANOJ KUMAR VERMA Vs. STATE OF RAJASTHAN

Decided On September 21, 2020
MANOJ KUMAR VERMA Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The instant petition has been filed by the petitioners challenging the order dated 21.07.2020 passed by the Deputy Police Commissioner (Traffic), Jaipur [respondent No.5] so far as it relates to total ban/no entry of trucks within the vicinity from Sanjay Circle to Government Hostel Chouraha (upto Sansar Chandra Road). The petitioners have further sought a direction to allow plying of heavy vehicles (trucks) from 11:00 PM to 6:00 AM which was in force, prior to issuance of the impugned order dated 21.07.2020, in view of the High Court order dated 14.08.2003 permitting the entry of heavy vehicles in the city of Jaipur from 10:30 PM to 6:00 AM.

(2.) The brief facts, as pleaded in the writ petition, are that the petitioners are Transporters and they are carrying on their trade since almost 40-50 years and plying their trucks to bring the goods within the vicinity of Jaipur on Sansar Chandra Road which comprises of major three zones i.e. (1) Jalupura; (2) Khandelwal Market; and (3) Anaj Mandi.

(3.) The petitioners have pleaded that the Division Bench of this Court vide its order dated 14.08.2003 passed in D.B.Civil Writ Petition No.4783/2003 [Suo Moto Vs. State of Rajasthan & Ors.] has directed that the trucks shall not be allowed to enter or ply in the city of Jaipur from 6:00 AM to 10:30 PM and they shall be permitted inside the city for loading and unloading of the goods only from 10:30 PM to 6:00 AM. The Division Bench had further permitted the transporters to book the goods during day-time but the entry of the heavy vehicles (trucks) was to be regulated only in accordance with the aforesaid directions.