IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12242 of 2007 BIHAR PRADESH TRUCK OPERATOR ASSOCIAITON through its General Secretary, Triloki Nath Shukla, son of late Laxmi Narayan Shukla, resident of Mohalla – Hajiganj, P.S. Chowk Regional Office Hajiganj, Patnacity, Patna. Versus 1. THE STATE OF BIHAR through Chief Secretary, Old Secretariat, Govt. of Bihar, Patna. 2. Transport Commissioner, Govt. of Bihar, Patna. 3. Union of India through Secretary, Surface Transport Ministry, Govt. of India, New Delhi. ----------- For the petitioner : M/s. Deepak Kumzar & Pankajesh Sharma.. For the respondent State – Mrs. Nilu Agrawal, GA 10. For the Central Government: Mr. S N Pathak. ---------- 02. 24.02.2010 In the writ application filed on behalf of the so- called Bihar Pradesh Truck Operator Association it is alleged that the respondent authorities are not enforcing sections 113 and 114 of the Bihar Motor Vehicles Act, 1988. Non-enforcement of this provision is leading to over-loading, which has its own consequences of damaging roads, causing accidents and even loss of revenue etc. of the State. The respondents on the other hand have brought on record various communications and directions, which have been issued at the level of Principal Secretary, Transport Department to all the subordinates to ensure enforcement of law. Their stand is that generality of the allegations made is not true. Respondent authorities are conscious of their legal obligation. In absence of statistics having been furnished by the petitioner or further affidavit having been filed by way of 2 rejoinder on the stand of the respondents, no further direction is required to be issued in this regard. Respondents shall be well advised to implement the law in the State so long as it stays on the statute with due vigour and responsibility. The writ application stands disposed of. rkp ( Ajay Kumar Tripathi, J )