Vinay Kumar Jain vs State Of U.P. And 2 Others
2023 Latest Caselaw 6930 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 3103 of 2020
 

 
Petitioner :- Vinay Kumar Jain
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Greesh Kumar Malviya
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Petitioner is aggrieved that application filed for renewal of State carriage permit was rejected only on ground that it was filed belatedly i.e. after more than four years and seven months.

Sri Greesh Kumar Malviya, learned counsel for petitioner submits that petitioner was not well during relevant period i.e. from 2013 to 2018 and he was not able to carry out day to day work and for that he has filed medical certificate also but the same was rejected taking hyper-technical view disputing its veracity.

Learned counsel has placed reliance upon a judgment of this Court in Writ A No. 1821 of 2015 (Omkar Swaroop Singhal vs. State of U.P. and 3 others), decided on 04.01.2023.

Learned Standing Counsel for State submits that not only prima-facie medical certificate was not genuine but even after he was declared fit on 07.03.2018, the application was filed after three months and twenty days.

Heard learned counsel for parties and perused record.

I have carefully perused impugned order. There is no dispute that petitioner has filed an application for renewal of permit after more than 4 years and 7 months, however, a plausible reason was disclosed that he was not well and in support, a medical certificate was also submitted, however, respondent Authorities have taken a hyper-technical view and gave a finding that certificate was not genuine and that even there was a delay of 3 months and 20 days in submitting the application after he was declared fit.

It is well settled that while dealing with an application for condonation of delay, concerned Authority will take a pragmatic and liberal view especially in cases where there is no prejudice caused to the State Government, however, such approach is missing in present case.

Therefore, impugned orders dated 23.10.2018 and 11.02.2019 are hereby set aside and matter is remanded back to respondent No.3 State Transport Authority, U.P., Lucknow to pass a fresh order on merit/put endorsement on permit.

It is further directed that respondent No.3 shall not reject the application of petitioner only on ground of delay.

Writ petition is disposed of with above observations.

Order Date :- 2.3.2023

Nirmal Sinha