Kirat Singh Nagra v. Government Of NCT Of Delhi And ANR.

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8160/2018 KIRAT SINGH NAGRA ..... Petitioner Through:

Mr. Kartik Yadav, Adv. with petitioner in person.

versus GOVERNMENT OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Satyakam, ASC for the respondents.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 09.08.2018 The present petition has been filed by the petitioner with the following prayers:

"In light of the above mentioned facts and circumstances, the petitioner most humbly prays that this Hon'ble Court may kindly be pleased to:

(a) Issue a writ of Mandamus or other appropriate writ directing the Respondents to release the driving license of the Petitioner;

(b) Direct the Respondents to frame detailed guidelines on the implementation of the directions / suggestion of the Supreme Court Committee on Road Safety by appropriate amendment / modification of applicable rules and after taking into account principles enunciated in Article 14 and 21 of the Constitution of India;

(c) Direct the Respondents to give wide publicity to the guidelines so framed as specified in relief (b) above; (d) Direct the Respondents to put into place infrastructure on roads to repeatedly alert the license holders of speed limits

and related warnings viz. mobile phone, overloading etc. both within state limits and national highways; (e) Pass such other or further order (s) or direction (s) as this Hon'ble Court may deem fit and proper in the light of the above mentioned facts and circumstances of the present case."

At the outset, petitioner who appears in person submits that in terms of the communication dated July 19, 2018 of the Dy. Superintendent of Police, Chandigarh a show cause notice dated August 07, 2018 has been received by the petitioner from the concerned authority in Delhi seeking his reply on the proposed action to suspend his driving license. Concedingly, reply to the show cause notice has not been submitted by the petitioner. The petitioner presses this petition because of the urgency inasmuch as he is travelling abroad on August 13, 2018 and insist that pending hearing on the show cause notice, the driving licence be released to him as he intends to drive a vehicle during his stay abroad.

Noting the aforesaid submission, appropriate for the petitioner is to file a reply to the show cause notice.

Petitioner states that writ petition filed by him incorporates all the grounds sufficient to meet the show cause notice. He states that a direction be given to the authority to treat the writ petition and the documents as his reply to the show cause notice. Additionally, he prays that he be given a hearing by the concerned authority so that he can advance oral submissions before him. Mr. Satyakam, learned ASC appearing for the respondents is agreeable to the said submission.

Noting the urgency in the matter, I deem it appropriate to direct the petitioner to appear before the Regional Transport Officer, Sheikh Sarai,

New Delhi today at 3 PM. The authority shall give a hearing to the petitioner and also consider the writ petition and the documents filed by the petitioner and pass a reasoned and speaking order and communicate the same on or before 1 PM tomorrow.

It goes without saying, if the petitioner is still aggrieved by the order to be passed, liberty is with the petitioner to seek such remedy as available in law.

The petition stands disposed of.

A copy of this order be given dasti under the Signatures of the Court Master.

CM No. 31258/2018 (for stay) Dismissed as infructuous.

V. KAMESWAR RAO, J AUGUST 09, 2018/jg