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2026 DAILYLAW 9732 (UTT)

BEERSHEBA SENIOR SECONDARY SCHOOL v. STATE OF UTTARAKHAND

WPMS/2385/2026 · 2026-08-17

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010138332026 2026:UHC:7335 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2385/2026 Beersheba Senior Secondary School --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Manoj Kumar Tiwari, J 1. Mr. Lalit Sharma, learned counsel for the petitioner. 2. Mr. Ghanshyam Joshi, learned Additional C.S.C. for the State of Uttarakhand. 3. Mr. Yogesh Kumar Pacholia, learned counsel for respondent nos. 3 & 4. 4. Petitioner is running a Senior Secondary School at Hira Dungri, N.T.D. Road, Almora. Petitioner is aggrieved by communication dated 13.07.2026 issued by Assistant Municipal Commissioner, Nagar Nigam, Almora, whereby ban is imposed on use of heavy vehicles as School Bus on the road, leading to the School of the petitioner. 5. Learned counsel for the petitioner submits that school is running since 1993 and school buses were allowed on that road all these years, therefore, the ban imposed is illegally unsustainable. 6. Learned State Counsel as well as learned counsel for Nagar Nigam submit that average width of the road is 2.7 UKHC010138332026 2026:UHC:7335 meters and plying of heavy vehicles on that road is causing congestion and traffic jam and also accidents. It is further pointed out that restraint order is passed in view of public demand. Learned counsel for the respondent further submits that the road in question is not notified to be used for heavy vehicles and there is no prohibition on plying of Cars e.g. Maruti (Omni), Bolaro Jeep, Tata Sumo Jeep etc. as school cab. 7. Without entering into the merits of the contentions raised by learned counsel for the parties, the writ petition is disposed of with liberty to petitioner to make representation. If he makes representation to respondent no. 2 within ten days from today, decision thereupon shall be taken, as per law, within six weeks thereafter. (Manoj Kumar Tiwari, J) 17.08.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13695 12ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1F E58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.08.17 06:07:16 -07'00'