Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Madhya Pradesh High Court: In a contempt petition filed against the closure of check posts which curbed overloaded trucks, the Single Judge Bench of Vishal Mishra, J., disposed of the petition, holding that reissuance of a similar government order which the Court had previously stayed amounted to contempt of court and directed the State to reopen all the closed check posts within 30 days.
Background
Several public interest litigations (PILs) were filed regarding the overloading of transport vehicles/trucks, which caused loss to public property, a large number of accidents, adverse impact on the environment, and several other issues. The petitioners contended that the State Government was not taking appropriate action. The State responded by filing reports and undertakings wherein they proposed to take action against and keep a check on the overloading of vehicles via various means.
Despite giving an undertaking, the State Government did the opposite and issued a government order, whereby check posts were sought to be closed, but the writ court stayed the order. In the affidavits provided thereafter by the State Government, it mentioned the implementation of various working plans, which included the continuous functioning of the check posts so that the overloading of vehicles could be checked at the border itself. Accordingly, the PILs were disposed of, holding that the State was taking appropriate measures.
However, after disposal of the writ petition, another government order was passed on 30 June 2024 whereby all the inter-State check posts were closed. The petitioners argued that the check posts had been working for ages, and ultimately, they were the most viable and feasible method to check the overburdening of the vehicles.
They also contended that, virtually, the undertakings given before the writ court in the PIL by the State authorities were violated, check posts had been ordered to be closed despite the writ court previously staying the earlier order of closure of the check posts.
Thus, the petitioners filed the present contempt petition claiming that such action was wilful disobedience of the orders passed by the writ court and the undertakings given by them.
The State filed a compliance report mentioning the measures taken to curb overloading, prevent revenue leakage, and ensure road safety. They claimed that it was their choice to take such measures while preventing loss of revenue.
Analysis
The Court stated that if an undertaking given before the Court is not followed, it amounts to disobedience of the Court’s order and falls within the ambit of contempt of court. Given this, the Court noted that the earlier government order, whereby check posts were directed to be closed, was stayed by the Court.
Thus, the Court held that the reply given by the State was not satisfactory as they had closed the check posts again, and this amounted to disobedience of the order passed by the Court and the undertaking given by them.
However, prior to issuing any coercive directions against the State, the Court granted one more opportunity to the State to comply with the order passed in the PIL.
Accordingly, the Court disposed of the petition directing the State to implement their undertakings given in the PIL and restore all the closed check posts in 30 days from the date of receipt of a certified copy of this order. The Court added that the State was free to take other modes for checking the overloading of vehicles, but the undertakings given before the writ court were required to be complied with.
The Court also directed that if the order was not complied with within 30 days, the petitioner was at liberty to revive the contempt proceedings by filing an application.
[Rajneesh Tripathi v. Manish Singh IAS, Contempt Petition Civil No. 5447 of 2025, decided on 16-4-2026]
Advocates who appeared in this case:
For the petitioner: Jubin Prasad, Bhanu Prakash
For the respondent: Anjali Mishra
