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2003 Supreme(All) 2030

B.S.CHAUHAN, D.P.GUPTA
MINI TRUCK UNION – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
BHOLA NATH YADAV, C.K.Rai, Ganga Ram Gupta, H.N.TRIPATHI,

B. S. CHAUHAN, J.

This is a Public Interest Litigation filed by the Mini Truck Union an unregistered body for issuing direction to the respondents not to permit plying the auto vehicles called "jugar" on public road which are proving danger to life and property of the people moving on the roads and further direction to seize such auto vehicles.

2. Learned Counsel for the petitioner has submitted that allowing the said auto vehicles on the road is dangerous to the people, and therefore, the petition has been filed in public interest to save the lives of the innocent people who are being crushed every day on the roads mercilessly by the said vehicles.

3. On the contrary, learned Standing Counsel Shri C. K. Rai and Dr. H. N. Tripathi, Advocate, appearing for the respondents have opposed the petition contending that under the garb of public interest litigation

the ulterior motive is to be served. Petitioners are rival businessmen and they are aggrieved because of the loss to their earnings because of the plying of these vehicles. A rival businessman cannot maintain a petition even in normal circumstances on the ground of loss of income etc. , what to talk of the Public Interest Litigat
























































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