GAVIN M. MYLLIEM Vs. STATE OF MEGHALAYA
LAWS(MEGH)-2021-2-6
HIGH COURT OF MEGHALAYA
Decided on February 04,2021

Gavin M. Mylliem Appellant
VERSUS
STATE OF MEGHALAYA Respondents

JUDGEMENT

BISWANATH SOMADDER,CJ. - (1.) The subject matter of challenge in the instant writ proceeding is a letter dated 25th January, 2019, issued by the Commissioner of Transport, Meghalaya, Shillong, addressed to Shri Win Pale, Wahhiajer, West Jaintia Hills District. The writ petitioner has made Shri Win Pale as private respondent No. 7 in the instant writ proceedings. According to the writ petitioner, the letter dated 25th January, 2019, could not have been issued by the Commissioner of Transport, Meghalaya, Shillong, since it is contrary to the directions as contained in the judgment and order dated 19th November, 2018, passed by an earlier Division Bench of this Court in WP(C) No. 284 of 2016.
(2.) In order to appreciate the contention of the writ petitioner, it is necessary at first to reproduce the letter dated 25th January, 2019, and the same is reproduced hereinbelow:- 'GOVERNMENT OF MEGHALAYA OFFICE OF THE COMMISSIONER OF TRANSPORT MEGHALAYA :: SHILLONG No.Com/Trans/T.WB/70/2012/Pt.I/37Dated Shillong, the 25th January, 2019. From: Shri I.W. Ingty, I.A.S., Commissioner of Transport, Meghalaya, Shillong. To, Shri Win Pale, Wahhiajer, West Jaintia Hills District. Sub: Government approval for operating weighbridge-Regarding. Ref: (i) No. TPT.35/2016/265, dated 24.01.2019. (ii) No. Com/Trans/T.WB/70/2012/Pt.I/15, dated 14.12.2018. Sir, With reference to the subject cited above and letters under reference, I have the honour to inform you that the Tender Committee of the Transport Department has approved your tender documents/bid for operating weighbridge at Umling (Exit), Ri-Bhoi District on NH-6 on terms and conditions as shall be fixed by the Government.
(3.) In this connection you are requested to submit your willingness and acceptance to operate the above weighbridge at the said location at the earliest. Your acceptance letter should reach the undersigned on or before the 4th February, 2019 positively. Yours faithfully, Sd/- Commissioner of Transport, Meghalaya, Shillong.' So far as the judgment and order dated 19th November, 2018, is concerned, its operative portion reads as follows:- '35. The petitioner subject to payment of amount as is claimed to be payable to the Government i.e. Rs. 7,74,35,636/- (Rupees seven crores seventy four lakhs thirty five thousand six hundred thirty six) shall be entitled to operate the weighbridge at Umling. Since the weighbridge had been taken over by the Government in the year 2016, therefore, as has been stated by the learned counsel for the petitioner that the petitioner in order to give quietus to the litigation is ready to pay/deposit an amount of Rs.5,00,00,000/- (Rupees five crores) in one go and to issue post dated cheques of the balance amount of Rs.7,74,35,636/- (Rupees seven crores seventy four lakhs thirty five thousand six hundred thirty six) provided weighbridge and license is restored to him. 36. We direct as under:- (i) Subject to deposit of Rs.5,00,00,000/- (Rupees five crores), the license of the petitioner shall be restored/renewed subject to the terms and conditions of the agreement; (ii) The position of the petitioner as it existed at the time of taking over of the weighbridge at Umling by the respondents shall be restored to the petitioner and shall be permitted to operate the weighbridge; (iii)He shall pay the annual fee etc. in terms of the agreement in tune with enhanced rate/fee of weighment as revised from time to time and; (iv) It is made clear that restoration/renewal as aforesaid shall be permitted and effective only till the Government sets up integrated check-posts consistent with the order of the Hon'ble Apex Court dated 06.11.2015 passed in SLP No(s).17901-17902/2012 as referred to above. 37. Petition succeeds shall stand disposed of as above. 38. It may not be out of place to note that on 17.11.2018 (Saturday), learned GA has supplied to the office a copy of the notification No.TPT.125/2018/8 dated 01.11.2018 where-under the Meghalaya State Policy for Weighbridges, 2018 has been notified, same is brought to our notice today. In our view para 36 (iv) of the judgment takes care of the same.' A plain reading of the relevant portion of the judgment and order dated 19th November, 2018, as well as the letter dated 25th January, 2019 (both quoted above), in our view does not reveal any action by the Commissioner of Transport, Meghalaya, Shillong, which can be held to be contrary to the judgment and order of the Division Bench dated 19th November, 2018, rendered in WP(C) No. 284 of 2016. As such, there is no merit in the writ petition and the same is liable to be dismissed and stands accordingly dismissed. ;


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