Lainingthou Pakhangba Transport Association v. State of Manipur And10 Others

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Item No. 20

IN THE HIGH COURT OF MANIPUR AT IMPHAL

WP (C) No. 41 of 2023

Lainingthou Pakhangba Transport Association Petitioner Vs.

State of Manipur; & 10 Ors. Respondents BEFORE HON'BLE MR. JUSTICE AHANTHEM BIMOL SINGH

05.03.2024

Heard Mr. Juno Rahman, learned counsel appearing for the petitioner and Mr. M. Devananda, learned Addl. AG assisted by Ms. Jyotsana, learned counsel appearing for the respondents No. 1-5. None appeared for the respondents No. 6-11, despite service of notice. The present writ petition has been filed assailing the minutes of the meeting of the TRPC held on 06.09.2022 and the subsequent order dated

23.09.2022 passed pursuant to the decision in the said meeting. After hearing the submission advanced by the counsel appearing for the parties and on examination of the materials available on record, this Court is of the view that the main grievances of the petitioner is not with regard to the parking place but with regard to the arrangement of vehicle sequence for different routes specially in regard to the parking slot in respect of Mayang Imphal Bound passenger Vehicles. During the midst of the hearing, it has been pointed out by the learned Addl. AG that so far as the arrangement of vehicle sequence in respect of the said parking slot of all different routes of Mayang Imphal Bound Passenger Vehicles is concerned, no final decision has been taken by the authorities till date and such factum is clearly reflected in the remarked column of the said impugned order dated OINAM THOIB A MEITEI Digitally signed by OINAM THOIBA MEITEI Date: 2024.03.06 +05'30'

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23.09.2022. The learned Add. AG further submitted that since the main grievance of the petitioner is not with regard to the arrangement of parking slot but with regard to the arrangement of the vehicle sequence to be parked in the said parking slot and as the authorities have not yet decided the sequence of the vehicles for the allotted parking slot, it is always open to the petitioner to approach the competent authority by filing a representation for finalization of the arrangement of the vehicle sequence for the said parking slot. The learned Addl. AG further submitted that the present writ petition can be disposed of by giving liberty to the petitioner to approach the competent authority by filing a detailed representation and directing the competent authority to dispose of the said representation within a stipulated period. Mr. Juno Rahman, learned counsel appearing for the petitioner fairly submitted that in view of the submission advanced by the learned Addl. AG, the petitioner is also aggregable to the disposal of the writ petition by giving liberty to the petitioner to approach the competent authority by filing representation for finalizing of the vehicle sequence for that particular parking slot and by directing the authorities to consider and dispose of the said representation within a reasonable period. Taking into consideration the submission advanced by the learned counsel appearing for the parties, the present writ petition is disposed of with the following directions:-

(1) The petitioner is given liberty to approach the competent authority by filing a detailed representation requesting to finalize the sequence of the vehicles for the particular parking slot within a period of 2 (two) weeks from today;

(2) On submission of such representation by the petitioner, the competent authority is to consider the said representation and dispose of the same by issuing a speaking order within a period of 1

(one) months from the date of receipt of the said representation;

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(3) It is made clear that if the petitioner fail to submit any representation within the stipulated period, the authorities are liberty to pass any appropriate order. It is further made clear that till the disposal of the representation, the present arrangement of parking of vehicles in respect of the parking slot in question shall continue. Needless to mention that the earlier interim order passed by this Court stands merged with the present order.

JUDGE Sapana