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2025 DAILYLAW 11701 (UTT)

SAVITRI AGARWAL v. UNION OF INDIA

WPMS/2771/2025 · 2025-09-24

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:8609 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2771/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Dushyant Mainali, Advocate for the petitioner. Mr. Ganesh Kandpal, Deputy Advocate General for the State. Mr. Saurav Adhikari, Standing Counsel for Union of India. 2. By means of this writ petition, petitioner has sought the following reliefs: “i. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent authorities to continue the facility of automated testing centre for fitness of commercial vehicle at ARTO office Ramnagar. ii. Issue a writ, order or direction in the nature of mandamus directing and commanding the respondent authorities to refrain away from compelling the petitioner or other similarly situated commercial vehicle owners of Ramnagar for getting fitness of their commercial vehicle being examined at Futkuwa, Haldwani i.e. the automated testing station of respondent no. 6, which is at a distance of about 70 kms. from Ramnagar.” 3. Mr. Dushyant Mainali, learned counsel appearing for the petitioner submits that identical issue was decided by this Court in WPMS No. 1076 of 2024. Learned State Counsel concedes that the issue involved in this petition, is identical to the one decided in WPMS No. 1076 of 2024. 2025:UHC:8609 4. Accordingly, the writ petition is decided in terms of the judgment dated 17.09.2025 rendered in WPMS No. 1076 of 2024. 5. Petitioner shall be at liberty to make fresh representation to Commissioner, Transport. If she makes fresh representation within one week from today, Commissioner, Transport shall look into the matter and pass appropriate order, as per law, within three weeks thereafter. For a period of four weeks or till decision is taken by Commissioner, Transport, whichever is earlier, status quo shall be maintained. It goes without saying that all stakeholders including the concessioner, to whom contract has been awarded, shall be heard before passing the order. 6. It is made clear that this Court has not considered the merits of the rival contentions made by the parties. (Manoj Kumar Tiwari, J.) 24.09.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18 b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC 9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.25 18:37:55 +05'30'