Udaipur Court cancels ‘No Helmet, No Petrol’ order

Udaipur Court cancels ‘No Helmet, No Petrol’ order

The Udaipur court on Friday cancelled the Collector’s order of “No Helmet, No Petrol” on the basis of various points and gave the decision in favor of the petitioner who filled his petition against such orders of collector.

 

Udaipur Court cancels ‘No Helmet, No Petrol’ order

The Udaipur court on Friday cancelled the Collector’s order of “No Helmet, No Petrol” on the basis of various points and gave the decision in favor of the petitioner who filled his petition against such orders of collector.  

Advocate Sunder Lal Bhanawat informed that on Friday the District Judge Pankaj Bhandari gave his decision in favor of the petitioner Trilok Mehta and cancelled the orders of the collector Ashutosh A.T Pednekar which said that petrol will only be provided to the rider of two-wheeler wearing helmet.

Bhandari in his decision stated that the district collector is not empowered to give any such orders under section 133 of CRPC where he can force the petrol pump owners not to give petrol to any of his customer if he is not wearing helmet, Advocate Sunder Lal Mandawat informed UT.

As per the court, if anybody gives any such order to the petrol pump owners where he is stopping them to sell the commodity to his customer then it will be considered as violation of the provision of Essential Commodities ACT.

Moreover, the collector’s way of making public follow the provisions of Motor Vehicle Act cannot be allowed.  On the basis of all these points the order of the collector was cancelled by the court, as per Advocate Mandawat.

District Judge Pankaj Bhandari also mentioned in his decision that petrol pumps are not public places and in case where an individual comes at the station to get fuel, the vehicle is turned off in which situation, wearing a helmet is not compulsory. Also, this is not falling in the category of public nuisance, said Advocate Sunder Lal Bhanawat.

This is considerable that Trilok Mehta, a local resident of Udaipur had filed a petition at the court on 18th April challenging the collector’s order of ‘no helmet, no petrol.’ The court accepted his petition on 20th April and gave the final hearing on 1st May.

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