Citation : 2021 Latest Caselaw 9177 MP
Judgement Date : 27 December, 2021
1 HIGH COURT OF MADHYA PRADESH :
BENCH AT INDORE
WP No.29094/2021
Virendra Tiwari Vs. State of MP
Indore: Dated:-27/12/2021:-
Ms. Soumya Maru, learned counsel for the petitioner.
Shri Ranjeet Sen, learned Govt. Advocate for the State.
Petitioner owned a bus bearing registration number MH-19-Y-
1161 of 2006 model. He was granted stage carriage permit on
18.07.2002 for a period from 01/09/2017 to 31/08/2022 from
Burhanpur to Ichhapur via Sahapur route. However, the petitioner has
been directed not to ply the bus as the same is found to be more than
15 years old in the light of provision contained under Rule 77(1b) of
the M.P. Motor Vehicle Rules, 1994.
Petitioner has approached this Court with a grievance that he
has filed an application addressed to respondent No.2 seeking
indulgence in the matter of granting permission to ply the bus on the route in question.
Without commenting upon the submission advanced on merit and looking to the innocuous prayer, this writ petition is disposed of with following directions:
(i) petitioner may file certified copy of the order passed today within a period of one week along with the relevant documents before the respondent No.2.
(ii) respondent No.2 is directed to decide the application bearing in mind the provision contained under Rule 77(1b) of M.P. Motor Vehicle Rules, 1994 and the judgment rendered by the co-ordinate Bench in Writ Petition No.7703/2018 (Waheed Khan vs. Transport Department) within two weeks from the date of production of certified copy of the order (if not already decided).
It is made clear that this Court has not expressed any opinion on the merits of the case.
Certified copy as per rules.
(PRANAY VERMA) V. JUDGE soumya Digitally signed by SOUMYA RANJAN DALAI Date: 2021.12.27 19:26:55 +05'30'
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