Civil Writ Petition No.1274 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No.1274 of 2009 Date of Decision: 30.10.2009 Baldev Singh …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Veneet Sharma, Advocate for the petitioner. Mr. Anil Kumar Sharma, Additional Advocate General, Punjab, for respondents No.1 to 4. Mr. Sandeep Khunger, Advocate for respondent No.5. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner claim himself to be Secretary of Mini Bus Operators Union, Amritsar. It is averred that Mini Bus Operators Union, Amritsar, is operating 350 Mini Buses within the District of Amritsar. Grievance of the petitioner is that Auto Rickshaw/Three Wheelers operate outside the limits of Municipal Corporation of City Amritsar and cause revenue loss to Mini Bus Operators. Counsel states that as per the Scheme, Auto Rickshaw/Three Wheeler Owners having permit cannot ply their vehicles outside the limits of Municipal Corporation. This, according to the petitioner, is a violation which not Civil Writ Petition No.1274 of 2009 2 only affect the livelihood of Members of the Association, but also cause traffic problem, as the Buses cannot ply smoothly and Auto Rickshaw/Three Wheelers cause congestion. In reply thereto, District Transport Officer, in para 6 of his written statement, has stated as under:- XXX XXX XXX XXX XXX XX “6. That in reply to the contents of para No.6 of the petition it is submitted that as per instructions of the Respondent No.2, the Auto-rickshaws/Three wheelers owners cannot ply their vehicles outside the limits of Municipal Corporation of the City of Amritsar and if some one violates the said instructions, then his vehicle is liable to be challaned/impounded. In this respect, so many auto- rickshaws/three wheelers are often challaned by the office of the deponent as well as by the police authorities. However, due to lack of sufficient staff/officers in the office of the deponent/respondent No.3, it is not possible to keep an eye on such like violations, at every time but it is main duty of the Traffic Police to keep a constant watch on the traffic activities of every vehicles at any time and can also pressurize over such like auto-rickshaws/three wheelers owners, who so over ply their vehicles beyond the limits of Municipal Corporation. The petitioner should also have got down numbers of Civil Writ Petition No.1274 of 2009 3 such vehicles/auto rickshaws, who are violating the instructions of the respondent No.2, but neither any number of vehicle of such violators have been mentioned nor they have been impleaded as a party in the present petition”. XXX XXX XXX XXX XXX XX Mr. Anil Kumar Sharma, Additional Advocate General, Punjab, appearing for the State, has referred to the affidavit filed by the Deputy Superintendent of Police, Traffic. In para 7 of his affidavit, it has been stated as under:- XXX XXX XXX XXX XXX XX “7. That the contents of para No.1 of the petition are denied being incorrect. It is submitted that regular checking is carried from time to time by police. It is submitted that regular checking is carried from time to time by police. The offenders were booked as and when they were found violating the law. A list of such violators is attached as Annexure R-1”. XXX XXX XXX XXX XXX XX After hearing counsel for the parties, this Court is of the view that there is acute shortage of manpower with the District Police of Amritsar, therefore, this Court cannot give directions that police men should be deployed for checking traffic violations as the first priority of the police is to maintain law and order. However, police may continue to challan the offenders as and when possible. Civil Writ Petition No.1274 of 2009 4 With the observations made above, the present writ petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge October 30, 2009 “DK”