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GAUHATI HIGH COURT (AIZAWL BENCH)
M.R.PATHAK, J.
Sh. K. Malsawma, S/o C. Lungmuana Khiangte, R/o New Colony Saiha - Petitioner
Versus
Sh. Hrangtawna, IRTS Secretary to the Govt. of Mizoram Transport Deptt., Aizawl - Respondents
Cont. Case (C) No. 5 of 2015, in C.M. APPL. No. 225 of 2014, in W.P.(C) No. 51 of 2014
Decided on : 21-07-2015
Contempt of Courts Act - Agents License - Renewal of Counter Agents License - Challenging legality and validity of the decision - Respondents taken in the meeting held on with regard to non-renewal of the Booking Counter Agents Licence for Maxi Cabs/Private Buses and Goods Booking Agency Licenses till further order and public notice dated issued by the respondent No.2 for fresh Booking Counter Agents Licence for issuance of tickets of passenger carrying Buses and Maxi Cabs and Goods Booking Agency Licences for City informing that anyone who wants an Agents Licence shall submit duly filled form before to State Transport Office at Chaltlang - Issued notice to the respondents to said WP(C) No. &made it returnable by three weeks and in interim suspended above noted public notice dated till next returnable date - In meanwhile, official respondents of said WP(C) No. submitted its affidavit in matter - On when said WP(C) No.was listed for consideration petitioners took two weeks time to file their reply to affidavit of State respondents which was accordingly allowed by Court and said interim order dated was extended to the next returnable date - Application for fresh and renewal of Counter Agents License containing lists of (i) those who applied for fresh Counter Agents License and (ii) those who applied for renewal of Counter Agents License - State Government in the Transport Department accordingly accorded its approval to same and by its communication dated informed Director of Transport Department about its said approved of said minutes dated – Held, Contempt of Courts with regard to violation of an interim order of Court in a writ preceding it is to be seen whether respondents have wilfully and/or deliberately violated said interim order - To punish respondents under contempt of Courts Act, mere violation of order is not sufficient and such violation should be shown to be wilful and deliberate - When a direction is given to do a particular act authority concerned is bound to comply with same even if it is an interim order - In Serial No. 15 of minutes of meeting of State Transport Authority - Accordingly, respondents between issued fresh Booking Counter Agents Licences, when no stay order of Court staying and/or suspending said public notice dated and Governments approval communicated on was in operation - Generally all orders of Court are prospective in nature unless it is specified in order itself - In present case order dated does not indicate that it has been given retrospective effect - Respondents for taking necessary steps in withdrawing/cancelling/suspending licenses of fresh Booking Counters given to new Agents for issuance of tickets of passenger carrying Buses & Maxi Cabs and Goods Booking Agency Licences for Aizawl City granted by the respondents in period from during absence of any stay order from Court in terms of interim order dated cannot be termed as intentional or deliberate - Further, averments made by respondents as to the facts of case have not been denied by petitioners - Contempt petition stands dismissed
Manash Ranjan Pathak, J.
Heard Mr. C. Lalramzauva, learned Senior Counsel assisted by Mr. K. Laldinliana learned counsel appearing for the petitioners and Mr. Vanlalnghaka, learned counsel appearing for the respondent Nos.1 & 2.
2. The petitioners preferred a Writ Petition being WP(C) No. 51 of 2014 challenging the legality and validity of the decision of the respondents taken in the meeting held on 06.05.2014 with regard to non-renewal of the Booking Counter Agent's Licence for Maxi Cabs/Private Buses and Goods Booking Agency Licenses till further order and the public notice dated 27.5.2014 issued by the respondent No.2 for fresh Booking Counter Agent's Licence for issuance of tickets of passenger carrying Buses and Maxi Cabs and Goods Booking Agency Licences for Aizawl City informing that anyone who wants an Agents Licence shall submit duly filled form before 15.06.2014 to the State Transport Office at Chaltlang. The said petition has already been heard and presently awaits verdict.
3. The court on 12.06.2014 issued notice to the respondents to the said WP(C) No. 51/2014 &made it returnable by three weeks and in the interim suspended the above noted public notice dated 27.05.2014 till the next returnable date. In the meanwhile, the official respondents of said WP(C) No. 51/2014 submitted its affidavit in the matter. On 16.07.2014 when said WP(C) No. 51/2014 was listed for consideration, the petitioners took two weeks' time to file their reply to the affidavit of the State respondents, which was accordingly allowed by the Court and the said interim order dated 12.06.2014 was extended to the next returnable date. On 11.08.2014 the said matter was listed again for consideration and the Court issued rule, made it returnable by four weeks, directed to list the matter for hearing in the Part-II hearing list and further extended the interim order dated 16.07.2014 to the next returnable date.
4. After expiry of said four weeks' time, though said WP(C) No. 51/2014 was listed for more than one occasion, the petitioners' did not pray for extension of aforesaid interim order dated 16.07.2014.
5. In the meanwhile, in the minutes of the meeting of the State Transport Authority held on 30.09.2014 at Serial No. 15 of the said minutes the authority concerned took decision with regards to the Application for fresh and renewal of Counter Agent's License containing the lists of (i) those who applied for fresh Counter Agent's License and (ii) those who applied for renewal of Counter Agent's License. The State Government in the Transport Department accordingly accorded its approval to the same and by its communication dated 07.11.2014 informed the Director of Transport Department about its said approved of the said minutes dated 30.09.2014.
6. The petitioners subsequently preferred a miscellaneous application being CM. Appl. No. 225 of 2014 in said WP(C) No. 51/2014 praying for continuation of the interim order dated 12.06.2014 passed earlier in said WP(C) No. 51/2014 and for stay of the said letter dated 07.11.2014 of the State Government in the Transport Department informing the Director of the Transport Department of the State about Government's approval to the minutes of the meeting of the State Transport Authority held on 30.09.2014 as well as for stay of the item at Serial No. 15 of the said minutes of the meeting dated 30.09.2014 of the State Transport Authority.
7. The petitioners in the said Misc. Application submitted that the Agents to whom fresh Counter Agent's Licenses have been issued, they have not yet started their said counters.
8. The Court after hearing the parties by its order dated 11.12.2014 passed in the said CM. Appl. No. 225/2014 extended the interim order dated 12.06.2014 passed earlier in the connected WP(C) No. 51/2014 till its final disposal and further stayed the approval of the Government informed vide communication dated 07.11.2014 with regard to the said Serial. No. 15 of the minutes of the meeting of th
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