- (1.) The petitioner, a registered society consisting of rickshaw pullers of district Gautam Budh Nagar, challenges the decision of the respondents prohibiting cycle-rickshaw pulling in Sector-18 and six main roads of city of New Okhla Industrial Development Authority (NOIDA), district Gautam Budh Nagar.
(2.) We have heard Sri Dharam Pal Singh, learned Senior Advocate, assisted by Sri S. Niranjan for the petitioners and Sri R.B. Singhal, learned Senior Advocate, assisted by Sri Ramendra Pratap Singh for respondents No. 2 and 5. Learned Standing Counsel appears for State-respondents.
(3.) The brief facts, as emerge from the pleadings of the parties, are; the petitioner is a registered society under the Societies Registration Act, 1860 consisting of about 300 members who are rickshaw pullers (cycle-rickshaw) in the district Gautam Budh Nagar. The society has been constituted with the object of making all efforts for the welfare of rickshaw pullers. The petitioners' case in the writ petition is that since October, 2009 the interference is being caused by the respondents in the occupation of the rickshaw pullers by creating several restrictions. Reference of news item dated 6th December, 2009 published in Hindi Daily newspaper 'Amar Ujala' has been made in which information regarding prohibition of running of rickshaw in several routes have been mentioned. The petitioner pleads that in the city of Delhi also the Delhi Municipal Committee has taken decision to prohibit rickshaw pulling at several places, which was challenged before the Delhi High Court. The Delhi High Court took serious note of the actions of the respondents in the said writ petition. Reliance has also been placed on an interim order dated 21st October, 2009 passed in Writ Petition No. 54647 of 2009 (Mahesh Kumar and Ors. v. Regional Transport Authority and Ors.) in which writ petition the decision of the respondents banning seven seater CNG Tempo was stayed by this Court on 21st October, 2009. The petitioners claim to have submitted representations dated 2nd December, 2009 and 3rd December, 2009 to the District Magistrate as well as Chief Executive Officer of NOIDA protesting closure of several routes for running of the cycle-rickshaw. Reliance has been placed on the Full Bench judgment of the Delhi High Court in Writ Petition No. 4572 of 2007 (Manushi Sangthan, Delhi v. Government of Delhi) decided on 10th February, 2010.;