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AJAY MOHAN GOEL
Maa Jwala Auto Operators Union Jwala Mukhi, District Kangra – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. challenging an unnotified order under section 115. (Para 1) |
| 2. arguments against the lack of publication in official gazette. (Para 2) |
| 3. court's reasoning on statutory compliance of notifications. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 4. quashing of orders due to unlawful continuation. (Para 10) |
| 5. disposition of petition. (Para 11) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this Writ Petition, the petitioner has challenged order dated 10.01.2023 (Annexure P-1), issued by the District Magistrate, Kangra, at Dharamshala, District Kangra, H.P. under Section 115 of the MOTOR VEHICLES ACT , 1988, in terms whereof, said authority has prohibited the movement of Auto Rickshaws and commercial vehicles on the Temple Road Jawalamukhi beyond Peeple Tree, on the ground that despite the fact that the order has been in force for more than thirty days, it has not been till date published in the Official Gazette which is mandatory in terms of the proviso to Section 115 of the MOTOR VEHICLES ACT .
2. Learned counsel for the petitioner has submitted that the scheme of the act is that under Section 115 of the MOTOR VEHICLES ACT , if the State Government or any authority authorized by the S
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