S.B.SINHA, J. - (1.) LEAVE granted.
(2.) THIS batch of appeals arise out of a judgment and order dated 23rd June, 2009 passed by a Division Bench of the Gauhati High Court at Guwahati whereby and whereunder the Memorandum dated 11th September, 2003 issued by the Government of Meghalaya purported to be in terms of Section 138 (2)(b) of the Motor Vehicles Act, 1988 (for short 'the Act') was held to be illegal and a writ of or in the nature of mandamus was issued directing the Government of Mehalaya to make Rules in exercise of its powers thereunder. The basic fact of the matter is not in dispute. Several writ petitions were filed before the High Court alleging that trucks carrying cargo in the State of Meghalaya are compelled to pay substantial amounts to various entites at innumerable points who broadly fall under four categories - (1) persons operating weighbridges on various terms and conditions stipulated by the State of Meghalaya ; (2) the local tribal chiefs known as Sylems and Sardars ; (3) the authorities implementing the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and (4) the Police officers of the State of Meghalaya. The Sylems and Sardars being the local tribal chiefs, admitted establishment of such toll gates and collection of monies from the cargo carrying vehicles asserting customary rights in them therefor and which are said to be protected by Sixth Schedule of the Constitution of India and the laws made by the District Council thereunder. Indisputably a batch of the writ petitions including the connected appeals relating to the right of Sylems and Sardars who established Toll Gates and collection of monies by them, had been heard in part by the High Court. It is also not in dispute that various interim orders were passed in the said pending mattes. The Gauhati High Court, however, took up for hearing a batch of six matters in regard to the legality of collection of monies by the operators of the weighbridges in the State of Meghalaya opining that the purported grievances made in the other writ petitions relating to establishment of toll gates and collection of monies by other agencies could be determined later. JUDGEMENT_898_TLPRE0_2009Html1.htm We may, at the outset also place on record that in the writ petition filed by the respondent - Shallang Area Coal Dealer and Truck Owner Association 16 points at which the driver/owners of the trucks are subjected to extortionate payments exacted without any authority of law were mentioned which are as under :-
(3.) THE prayers in the said writ petition read as under :- "In the premises aforesaid, it is most respectfully prayed that this Hon'ble Court may be graciously pleased to issue Rule calling upon the respondents to show cause as to why a writ of mandamus shall not be issued directing stoppage of collection of illegal tolls and subjection of weighment and "smoke testing" more than once on public roads in Assam and Meghalaya with immediate effect and as to why all illegal check gates including the gates where the trucks are subjected to weighment and "smoke testing" more than once wherein such toll collection takes place shall not be dismantled." The writ petitioner-respondent, however, directly or indirectly did not question the validity or otherwise of the aforementioned Memorandum dated 11th September, 2003.;