PATRICIA SYMPLI Vs. STATE OF MEGHALAYA
HIGH COURT OF MEGHALAYA
STATE OF MEGHALAYA
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BISWANATH SOMADDER,J. -
(1.) The subject-matter of challenge in the instant writ petition is the Meghalaya State Policy for Weighbridges, 2018, which came into effect on 1st November, 2018, as well as the subsequent notification dated 30th November, 2018, whereby the new integrated check points and weighbridge-cum-check points were notified in terms of the notification dated 1st November, 2018.
(2.) From the pleadings, it appears that the writ petitioner was operating a weighbridge at Byndihati, situated at East Jaintia Hills District, Meghalaya. So far as the Meghalaya State Policy for Weighbridges, 2018, which was issued with a notification dated 1st November, 2018, as well as the subsequent notification dated 30th November, 2018 is concerned, it is clearly evident that the same have been issued pursuant to the order of the Hon'ble Supreme Court dated 6th November, 2015, in Special Leave to Appeal (C) No(s).17901-17902/2012. For convenience, the order dated 6th November, 2015, is reproduced hereinbelow:-
'Heard learned counsel for the parties.
We do not find any reason to interfere with the impugned judgment.
However, we direct that till the requisite number of integrated check-posts are set up as per the existing policy of the State, the existing weighbridges, whether private or Government, shall not be discontinued.
The Chief Secretary of the State shall decide as to how many integrated check-posts are required and his decision with regard to number of integrated check-posts required by the State shall be final.
(3.) The special leave petitions are dismissed with the aforesaid direction. Consequently, the contempt petitions are also disposed of.;
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