MP High Court Orders State To Restore Check Posts To Curb Overloading, Says Breach Of Undertakings Given In PIL Amounts To Contempt

The Madhya Pradesh High Court has directed the State government to reinstate check posts aimed at preventing vehicle overloading, observing that the State's failure to honour its undertakings on the subject previously submitted in a Public Interest Litigation raises serious concerns and that such a breach may amount to contempt of court. Thus, the bench of Justice Vishal Mishra directed,"...prior to issuing any coercive directions against the respondents, this Court deems it appropriate to grant one more opportunity to the respondents to comply with the order passed in Writ Petition. Accordingly, this Contempt Petition is disposed of directing the respondents to implement their undertakings given in the Public Interest Litigation and restore all the check posts which are already closed by them. They are free to take other modes for checking the overloading of vehicles but as far as the undertakings given before this Court are concerned, they are required to be complied with". The contempt petition was filed alleging non-compliance with the order of January 3, 2023, passed by this Court in a public interest litigation. The petition was regarding the overloading of vehicles, causing damage to public property and creating several issues, including accidents and adverse environmental consequences. The State had filed a reply along with various reports and undertakings, in which it proposed to take action and keep a check on overloaded vehicles. The petitioner contended that despite these assurances and a prior stay order in 2018 against the closure of check posts, the authorities later ordered the closure of inter-state check posts in June 2024, thereby violating both the court's directions and their own undertakings. Opposing the petition, the respondents argued that it had implemented alternative mechanisms to prevent overloading, protect revenue, and ensure road safety and that enforcement strategies could evolve over time. However, the High Court found the explanation unsatisfactory, observing that the earlier PIL had been disposed of specifically based on the undertakings given by authorities. The court emphasized that the failure to comply with such undertakings amounts to disobedience of the court order and constitutes contempt. While refraining from taking immediate coercive action, the court granted the respondents one final opportunity to comply with their commitments. It directed the authorities to restore all closed check posts and implement the undertakings given before the court, while also allowing them the liberty to adopt additional measures to address overloading. The court thus granted 30 days for compliance and made it clear that if the directions are not followed within this period, the petitioner would be free to revive contempt proceedings. The contempt petition was thus disposed of. Case Title: Rajneesh Tripathi v Manish Singh IAS [CONC-5447-2025]For Petitioner: Advocates Jubin Prasad and Bhanu PrakashFor Respondents: Advocate Anjali MishraClick here to read/download the Order

MP High Court Orders State To Restore Check Posts To Curb Overloading, Says Breach Of Undertakings Given In PIL Amounts To Contempt

Jayanti Pahwa

Tags