Darshan Babubhai Patel vs State Of Gujarat
2021 Latest Caselaw 10821 Guj

     C/SCA/6208/2021                             JUDGMENT DATED: 05/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 6208 of 2021


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

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1     Whether Reporters of Local Papers may be allowed
      to see the judgment ?

2     To be referred to the Reporter or not ?

3     Whether their Lordships wish to see the fair copy
      of the judgment ?

4     Whether this case involves a substantial question
      of law as to the interpretation of the Constitution
      of India or any order made thereunder ?

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                        DARSHAN BABUBHAI PATEL
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MS NOOPUR V PARIKH(11248) for the Petitioner(s) No. 1
MR RUTVIJ S OZA(5594) for the Respondent(s) No. 2
NOTICE SERVED(4) for the Respondent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 05/08/2021

                            ORAL JUDGMENT

Heard learned Advocate Shri Parth Diveyeshwar along with learned Advocate Ms. Noopur V. Parikh on behalf of the petitioner, learned Assistant Government Pleader Ms. Surbhi Bhati for the respondent-State and learned Advocate Shri Rutvij Oza for respondent no.2 Gujarat Pollution Control Board.

      C/SCA/6208/2021                                    JUDGMENT DATED: 05/08/2021




2.       Rule returnable forthwith.     Learned Advocate Ms. Surbhi Bhati

waives service of rule on behalf of the respondent-State, learned Advocate Shri Rutvij Oza waives on behalf of the respondent no. 2-Board.

3. With consent of parties the present petition is taken up for hearing.

4. By way of this petition, the petitioner has challenged an order dated 04.03.2021 passed by the Regional Motor Vehicle Officer, Ahmedabad whereby the registration as well as permit of the vehicle of the present petitioner being truck bearing registration No. GJ01DY-7723 has been canceled.

5. Learned Advocate Shri Divyeshwar has submitted that a perusal of the order clearly reveals that in addition to the fact that the authority has not mentioned any reason for passing the order, cancelling the registration of the vehicle has also canceled the permit of the vehicle for which no notice has been issued. Furthermore the authority has also recorded that an appeal against the order shall be preferred before the respondent no. 2, which is contrary to the scheme of the Act where the appeal is provided to the Commissioner Road and Transport, State of Gujarat. This position could not be seriously disputed by the learned AGP Ms. Bhati and whereas learned AGP has submitted that such order has been passed in the facts of the case more particularly relying upon the recommendation of respondent no. 2.

6. Heard learned Advocate for the parties, without delving into the legalities of the issue it clearly appears that the order passed by the respondent authority does not provide any reasons in support of the decision being arrived at by the respondent authority of canceling the

C/SCA/6208/2021 JUDGMENT DATED: 05/08/2021

registration of the vehicle of the present petitioner. While it is true that the respondent authorities appears to have acted upon the recommendation by respondent no. 2-Board but at the same time it is equally true that the respondent no.2 was only authorised to make a recommendation and whereas it appears that such recommendation has been taken as a direction and an order has been passed without proper application of mind. Furthermore it appears while the notice was issued to the petitioner herein to show cause as to why the registration of the vehicle should not be canceled, ultimately without affording an opportunity to the petitioner even the permit of the vehicle has also been canceled by the respondent authority.

7. In this view of the matter, and more particularly since it appears that the respondent authority was harboring some misconception about the Appellate Authority whereby he has mentioned that the respondent no.2 would be the proper authority before whom an appeal would be maintainable, for this reason, thus, this Court is of the considered opinion that the impugned order is per se illegal and deserves to be quashed and set aside. The following directions are required to be passed :

(1) the impugned order dated 04.03.2021 is quashed and set aside. The respondent no.1 is at liberty to pass an order afresh in accordance with law after affording an opportunity of hearing to the original petitioner within a period of 30 days.

(2) In case the petitioner is aggrieved with the order passed by respondent no.1 he can avail the remedies which are available under the law.

8. It is made clear that this Court has not gone into the merits of the case.

C/SCA/6208/2021 JUDGMENT DATED: 05/08/2021

9. With above observations and directions this petition is disposed of as allowed.

(NIKHIL S. KARIEL,J) MARY VADAKKAN