Umesh Kumar Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 118 MP

                                   1                               WP-3868-2021
         The High Court Of Madhya Pradesh
                    WP-3868-2021
          (UMESH KUMAR SHARMA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

2
Gwalior, Dated : 23-02-2021
       Shri M.S.Jadon, counsel for the petitioner.
       Shri A.K.Nirankari, GA for the respondents/State.

This court vide order dated 18.2.2021 has directed the petitioner to serve respondent No.3 Humdust. In compliance of the same, affidavit has been filed wherein, it is mentioned that the respondent has refused to take

notice of this court, therefore, the matter has been listed for consideration on interim relief.

It is pointed out by counsel for the petitioner that vide impugned order, permission has been granted to respondent no.3 to ply the vehicle on the route on which, the petitioner is already plying the vehicle despite the fact that the respondent has not deposited complete tax which is apparent from annexure P/11. He has relied upon a judgment passed by Division Bench in W.P.no.555 of 2013 in the case of Mohammad Safique Vs. The State Transport Appellate Tribunal and Others wherein, relying upon the judgment

rendered in the case of M.P. State Road Transport Corporation, Gwalior Vs. Ram prasad Purohit and Others reported in 2001 (3) MPLJ 339, in which, Division Bench has held that if a person is in arrears of tax dues, he would not be eligible to grant permit. It is submitted that no permit can be granted to the respondent as document annexure P/11 clearly shows dues against him. In such circumstances, effect and operation of the impugned order dated 5.2.2021 be stayed till next date of hearing.

At this stage, Shri Sanjay Sharma Advocate appears and accepts notice on behalf of respondent No.3 and prays for listing of the matter day after tomorrow.

Since the permit in question is valid up to 28.2.2021, the matter is directed to be listed on 25.2.2021.

2 WP-3868-2021 A copy of this petition along with annexures is directed to be supplied to counsel for the respondent No.3 during course of the court proceedings which are accepted by him.

(VISHAL MISHRA) JUDGE

Rks RAM KUMAR SHARMA 2021.02.24 14:18:47 +05'30'