GARHWAL MOTOR OWNERS UNION LTD v. STATE OF UTTARAKHAND
WPMS/3343/2024 · 2025-05-19
Ravindra Maithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13196 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13196 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 3343 of 2024 (M/S)
Garhwal Motor Owners Union Ltd.
..….....Petitioner
Versus
State of Uttarakhand and others ….….Respondents
Present:- Mr. Raman Kumar Shah, Advocate for the petitioner. Mr. Ganesh Kandpal, Deputy Advocate General for the State.
JUDGMENT
Hon’ble Ravindra Maithani, J. (Oral)
By means of the instant writ petition, the petitioner claims that green cards are not being issued in accordance with the rules and regulations, which causes danger to public safety during Chaar-Dhaam Yatra. Therefore, reliefs are sought accordingly.
2.
Heard learned counsel for the parties and perused the record.
3.
Learned counsel for the petitioner would submit that in accordance with Rule 168 of the Uttarakhand Motor Vehicles Rules, 2011 (“the 2011 Rules”), green cards or trip cards are being issued in respect of the vehicles, which had all the valid documents, including driving license, fitness certificate, insurance, etc. He would submit that before renewal of the green card in respect of driving license, a driver has to undergo training for a specified period as per Rule 12 (6) of the 2011 Rules. But, it is argued that this is not being complied with. 2
4. Rule 12 (6) of the 2011 Rules reads as under:-
“12. Communication of particulars of Driving Licences granted by one licensing authority to another licensing authority.- (1)....... (2)........ (3)....... (4)....... (5)........ (6) Before renewal of driving licence for transport vehicle applicant shall have to undergo through in the case of light motor vehicle one day and in the case of medium or heavy motor vehicle two days refresher training course in a driving training institute established by State Government or authorised by Transport Commissioner and on presenting a certificate of the aforesaid refresher course along with other formalities, the Licensing Authority shall renew the licence. Order authorising the driving training institute for applicants of different districts, fees charged by them for imparting training and refresher course shall be decided, issued and notified by the Transport Commissioner from time to time. But the drivers of Government vehicles will be exempted from refresher training.”
5. Green cards and trip cards are issued for religious tour in accordance with Rule 168(4) of the 2011 Rules. It was amended in the year 2020. This Rule 168(4) now reads as follows:-
“168. Inspection of motor vehicles. (1)...... (2)...... (3)...... (4) “Green Card” and “Trip Card” shall be issued to the public service vehicles, engaged for the conveyance of p[assenger on religious tour on hill routes after the verification of its certificate of fitness, route permit, tax deposit certificate, insurance certificate, pollution under control Certificate and driving license. Explanation – for the purpose of this rule-
3
“Green Card” is a document in which the details of aforesaid documents of the concerned vehicle shall be mentioned. “Trip Card” is a document in which the details relating to the concerned driving license and details of passengers travelling in the vehicle shall be mentioned.”
6.
Learned State Counsel, under instruction, would submit that the validity of green card is upto 30th November or till the validity of the documents, whichever is earlier and once the green card is expired, for its renewal, online application is made and in that process, the provisions of Rule 12(6) of the 2011 Rules are followed. The instructions as received by the learned State Counsel are taken on record. 7. It is the grievance of the petitioner that before renewal of the green card, the validity of driving license is also to be seen and if it is to be renewed, as per Rule 12(6) of the 2011 Rules the driver has to undergo training. This is what is stated by the learned State Counsel that this Rule 12(6) of the 2011 Rules is also followed in every case of renewal. 8. The Court takes on record the statement of the learned State Counsel. 9. In view thereof, nothing survives in the writ petition. The writ petition stands disposed of accordingly. (Ravindra Maithani, J.)
19.05.2025 Avneet/