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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Satpal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ajay Mohan Goel, Judge
By way of this petition, the petitioners have prayed for the following relief:-
“It is, therefore, respectfully prayed that this petition may be allowed and this Hon’ble Court may be pleased to strike down and quash the condition requiring the owners of the auto rickshaws to drive the vehicle themselves, as is being imposed by the respondent authorities while granting the permits for contract carriage (auto rickshaws).
2. When this case was listed on 20.05.2025, this Court passed the following order:-
“The moot issue involved in this writ petition is weather the decision of the respondents in insisting that Permit in respect of contract carriage (Auto Rickshaw Permit) shall be granted only in favour of those who not only own the vehicle, but shall also be driving the vehicle themselves is sustainable. As per the petitioners, this condition is arbitrary, for the reason that there are exigencies and occasions which do not enable an owner of the Auto Rickshaw to ply the same himself. One of the owners of the Auto Rickshaw is stated to be suffering from Cancer, who requires money for his treatment and the income can only be generated by him if he engages s
The imposition of eligibility conditions for auto rickshaw permits must be backed by statutory authority; the State's requirement for knowledge of Marathi is illegal as it lacks foundation in law.
Direction to consider pending application for auto rickshaw permit within fixed timeframe.
Court directed the respondent to consider applications for Auto Rickshaw permits on merits within a fixed time frame, emphasizing adherence to legal processes.
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