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2023 Supreme(Online)(GAU) 263

HIGH COURT OF GAUHATI
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
XADOU GUWAHATI MOTOR CHALITA RICKSHAW CHALAK UNION AND 9 ORS – Appellant
Versus
THE STATE OF ASSAM AND 7 ORS – Respondent


ORDER

24.03.2023 Heard Shri AR Bhuiya, learned counsel for the petitioners.

The petitioner is a Union of driver of motorized rickshaws in the name and style, Xado Guwahati Motor Chalita Rickshaw Chalak Union and the petitioner no. 2 is the General Secretary. They are aggrieved by a notification dated 28.12.2022 issued by the GMC whereby the operations of such motorized rickshaws have been stopped. On the other hand, Shri S Bora, learned Standing Counsel, GMC as well as Ms.

MD Bora, learned Standing Counsel, Transport Department has submitted that such restrictions are only for retrofitted with electric motor which are unsafe for commuters.

Shri Bhuiya, learned counsel for the petitioners has also informed that a similar petition was moved before this Court in which the interim protection was restricted only to Dipbahan fitted with motor.

Issue Notice, returnable by 4 weeks.

Shri P Nayak, learned counsel for the GAD accepts notice on behalf of the respondent no. 1; Shri S Bora, learned Standing Counsel, GMC accepts notice on behalf of the respondent nos. 2, 4 and 7 whereas Ms. MD Bora, learned Standing Counsel, Transport Department accepts notice on behalf of the respondent no. 3. Shri DK

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