Kathmandu, 7 July: The Supreme Court has ruled in favor of truck operators in a writ petition challenging dual standards applied by the federal and Bagmati Province governments in enforcing route permits for public cargo trucks.
A joint bench of Justices Sapana Pradhan Malla and Nityanand Pandey issued the order on Monday (Ashad 15), accepting the petitioner’s demands in a writ that included certiorari.
Nepal Truck Transport Entrepreneurs’ Federation Chairman Rajendra Bikram Bania had filed the writ on Shrawan 31, 2080, against seven bodies including the Office of the Prime Minister and Council of Ministers and the Department of Transport Management. The petition argued it was unlawful for traffic police to fine, seize, or force cargo vehicle operators into traffic awareness classes in the name of inter-provincial road permits, even while their route permits remained validly in effect.
Earlier, during preliminary hearings, a single bench of Justice Prakash Kumar Dhungana had issued an interim order on Bhadra 7, 2080, halting immediate implementation of a directive issued by the Department of Transport Management on Jestha 7, 2080. The court had held that penalizing cargo vehicles with valid route permits again, while their permits were still active, did not appear just on the face of it, and issued the interim order based on the principle of convenience and balance.
Following extended hearings, the joint bench ultimately issued the writ, upholding the legal question raised by the truck operators.
Reacting to the verdict, Federation Chairman Bania said the Supreme Court’s decision safeguarded the rule of law and the rights of operators, adding that it was significant in ending the unjust and dual system that had been enforced for years in the name of route permits. He said the operators had not sought any special favor but only protection of rights already granted by law, calling the verdict a victory for all cargo transport operators and a clear message to the government to act lawfully and equitably.
The Federation also expressed gratitude to senior advocates Dr. Bijay Prasad Mishra, Narahari Acharya, and Uddhav Prasad Chaulagain for their arguments in the case.
According to the Federation, the verdict ends policy ambiguity over route permits and establishes a legal basis for stopping dual administrative action against cargo vehicles, and it expects concerned government bodies to implement route permit arrangements in line with the ruling.
