JUDGEMENT
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(1.)HEARD learned counsel. Both the writ petitions involve common valuations with regard to management of the traffic on the road 'Mainawali Gali' facing the High Court. In W.P. No. 876 of 1998 - - Ashok Sharma and others v. State of M.P. and others, the petitioners have prayed that a writ of mandamus be issued directing the respondents to permit the entry of vehicles of the petitioners or any other transport operators in the Maivawali Gali, Lashkar (Gwalior) after 9.30 p.m. in the night.
(2.)IN another W.P. No. 899 of 1998 filed by Col. R.C. Saxena and others, it has been prayed that though the administration has already restrained the heavy transport in the area but still the authorities are not implementing the orders and are causing great nuisance to the residents of the area.
The State has filed a return and has pointed out that there are already orders in existence passed by the Additional District Magistrate dated 3rd June, 1994 Annex - R2 in exercise of powers under section 115 CrPC that heavy vehicles shall not oparate from 6.00 a.m. to 9.30 p.m. and they will also not do loading and unloading during this time. Since there are already orders in existence prohibiting heavy traffic during 6.00 a.m. and 9.30 p.m. in the Mainawali Gali, the authorities are directed to see that the said orders are strictly enforced and the heavy traffic is not allowed to operate. It has been pointed out that because of slackness of the authorities, the transporters are loading and unloading their goods on the road thereby creating nuisance. It is therefore directed that the authorities shall see to it that these operators/transporters do not operate heavy vehicles and do not do loading and unloading on the road and are not allowed to store their goods on the road side. The authorities shall strictly comply with the orders already passed by the administration and in the event of violation thereof, to prosecute the concerned operators. .
(3.)IT has been pointed out that the Gwalior Development Authority has already constructed a Transport Nagar but still these transporters are operating from the busy city centre at Mainawali Gali. It is for the authorities to see that these transporters are pursuaded to shift to Transport Nagar.
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