JUDGEMENT
Ritu Bahri, J. -
(1.) THE present writ petition has been filed under Articles 226/227 of the Constitution of India seeking direction to respondents No. 2 to 6 to allow the measurement of the weight carried out through tractor trolley of the petitioners and allow them to earn their livelihood. The petitioners are the tractor trolley owners and using their tractor trollies for carrying paddy, rice, wheat from mandi to FCI, HAFED, DFSE etc. The petitioners are the small land owners and this is the only source of income with the petitioners and they are not doing this business on a large scale, therefore, separate permits are not required. The petitioners are paying road taxes for this activity and during activities of carrying paddy etc, respondents No. 2 and 3 uses to measure the weight for further transport.
(2.) UPON notice a reply has been filed by respondent No. 1, wherein, it has been averred that the Transport Commissioner, Haryana has issued instructions dated 03.07.2012 to all the Secretary, Regional Transport Authorities of Haryana regarding grant of goods carnage permit to the combination of agricultural tractors and trailers. Letter reproduced in para. 2 of preliminary objection is as under:
"Please refer to this office letter No. 4646/AT -3/ST -I dated 20.05.2003 on the subject cited above.
In this connection, it is to inform you that the matter has been considered by the Government and it has been decided to grant of goods carriage permits to the Agricultural Tractor and Trailers combination as per the instructions issued vide the above referred letter. The said instructions, therefore, may be treated as continues.
You are also requested to launch a special campaign to check the illegal plying of agricultural tractors trailers combination without obtaining goods carriage permit as per above."
A number of writ petitions have been filed in this Court against the action taken by the respondent -authorities. These writ petitions were dismissed as the respondents were bound take action in accordance with the provisions of Motor Vehicle Act, 1988. As per Motor Vehicle Act, 1988 no tractor trolley is allowed for transporting goods without permit. In pursuance of letter dated 03.07.2012, petitioners are not allowed to ply tractor trolley without obtaining goods permit.
In view of above, the present petition is dismissed.
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