O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to take action against the vehicles which are over loaded than the permitted weight in accordance with the Motor Vehicles Act and Rules.

2. The case of the petitioner association is that it has given a representation to the respondents requesting them to take immediate action for goods / commercial vehicles carrying overloads than the permitted weight specified in the Registration Certificates, strictly in accordance with the Motor Vehicle Act and Rules and to seize such over loaded vehicles.

3. Learned counsel for the petitioner submitted that the Hon'ble Supreme Court has already dealt with this issue in the case of Paramjit Bhasin and Others Vs. Union of India and Others in W.P. (Civil) No. 136 of 2003 dated 09.11.2005. The relevant portions in the order is extracted hereunder:

“Sections 113,114,194 and 200 read as follows:

"113. Limits of weight and limitations on use (1) The State Government may prescribe the conditions for the issue of permits for [transport vehicles] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route.

(2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres.

(3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer (a) the unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or (b) the laden weight of which exceeds the gross vehicle weight specified in the certificate of registration.

(4) Where the driver of person in charge of a motor vehicle or trailer driven in contravention of sub-section (2) or clause (a) of sub-section (3) is not the owner, a court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer.

114. Power to have vehicle weighed : (1) Any officer of the Motor Vehicles Department authorized in this behalf by the State Government shall, if he has reasons to believe that a goods vehicle or trailer is being used in contravention of Section 113require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kilometers from any point on the forward route or within a distance of twenty kilometers from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of Section 113 regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not to remove the vehicle over trailer from that place until the laden weight has been reduced or the vehicle or trailer otherwise been dealt with so that it complies with Section 113 and on receipt of such notice, the driver shall comply with such directions.

(2) Where the person authorized under sub- section (1) makes the said order in writing, he shall also endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of such endorsement to the authority which issued that permit.

194. Driving vehicle exceeding permissible weight: (1) Whoever drivers a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of Section 113 or Section 114 or Section 115 shall be punishable with minimum fine of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load, together with the liability to pay charges for off-loading of the excess load.

(2) Any driver of vehicle who refuses to stop and submit his vehicle to weighing after being directed to do so by an officer authorized in this behalf under Section 114 or removes or cause to removal of the load or part of it prior to weighing shall be punishable with fine which may extend to three thousand r