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 a