2025:UHC:8304 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 1076/2024 WPMS 2965/2022 WPMS 3186/2022 WPMS 144/2023 WPMS 903/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Aakib Ahmed, Mr. Abhishek Verma, Mr. Vishwa Prakash Bahuguna and Mr. Amar Murti Shukla, Counsels for the petitioners. Mr. C.S. Rawat, Chief Standing Counsel, with Mr. Ganesh Dutt Kandpal, Deputy AG, for the State. Mr. Saurabh Adhikari, Central Govt. Standing Counsel, for the Union of India. Mr. Mayank Rajan Joshi, Advocate, for the concessioner. Mr. Vipul Sharma and Mr. Nivesh Bahuguna, Counsel for the respondent no. 5. Mr. Vikas Kumar Guglani, Advocate, for the intervener. (2) Since common questions of fact and law are involved in these writ petitions, these are being heard and decided together by this common judgment. (3) Petitioners are transport operators. They are aggrieved by establishment of automated testing stations at different places in State of Uttarakhand. According to petitioners, the concessioner to whom contract for setting up automated testing stations is given does not fulfil the norms; the automated testing stations are being established at far off places and it is not possible for e-rickshaw pullers and e- rickshaw owners and other transport operators to get their vehicles tested in such 2025:UHC:8304 stations, which are situated at far off places. (4) Per contra, Mr. Mayank Rajan Joshi, learned Counsel appearing for the concessioner, who has been given the contract, submits that Rule 175 of Central Motor Vehicles Rules, 1989 was amended w.e.f. 1.11.2022 and as per the amended rule, fitness of commercial vehicles has to be tested only in automated testing stations. This, according to him, has been done to ensure that polluting vehicles are kept away from road and only road worthy transport vehicles ply on different routes. (5) Learned State Counsel also supports the submission made by Mr. Joshi and submits that as per the amended rule, State Government is under duty to set up automated testing stations and in discharge of that statutory duty, arrangement for setting up such stations are being undertaken. (6) Learned Counsels for the petitioners submit that they would be satisfied if writ petitions are disposed of by permitting the petitioners to make fresh representation to the Commissioner, Transport, who may be directed to look into the matter and take decision as per law. (7) Accordingly, in view of the oral submission made by learned Counsel for the parties, writ petitions are disposed of granting liberty to petitioners to make fresh representation to Commissioner, Transport. If they make 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 2025:UHC:8304 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. (8) It is made clear that this Court has not considered the merits of the rival contentions made by the parties. (Manoj Kumar Tiwari, J.) 17.9.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab1 98d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6 FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.09.18 18:47:25 +05'30' 2025:UHC:8304