Rajesh Gupta vs The State Of Madhya Pradesh
2021 Latest Caselaw 223 MP

                                                        1                               WP-4316-2021
                              The High Court Of Madhya Pradesh
                                         WP-4316-2021
                                  (RAJESH GUPTA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      1
                      Jabalpur, Dated : 25-02-2021

                            Shri Subodh Kumar Pandey, learned counsel for the petitioners.
                            Shri Darshan Soni, learned Government Advocate for the
                      respondent-State.

By the instant petition, the petitioner is apprehending that in view of the amendment made in Rule 77 of M.P.Motor Vehicles Rule, 1994 by

the respondent-State, they would not be granted permission to ply the vehicles which have completed 15 years from the year of manufacture.

Counsel for the petitioners submits that amendment has no retrospective effect as the vehicle of the petitioners are registered prior to enforcement of the said amendment. He submits that the High Court has considered this aspect and decided number of petitions holding that the amendment has no retrospective effect and would not be applicable to the vehicles registered prior to issuance of the said circular.

Counsel for the petitioners is apprehending that since their regular permit is going to be ended on 31/05/2020, the authority will not allow them to run the vehicles taking shelter of the said circular.

On the other hand, learned counsel appearing for the respondent- State has opposed the contention of the petitioner and submits that the cause of action does not arise to the petitioner to file this petition unless authority rejects his application taking shelter of the circular.

Considering the rival contention of the parties, this petition is disposed of with the direction to the respondents if an application for renewal of regular permit is filed by the petitioner, the authority will consider the same in the light of judgment passed by this Court in W.P. Signature SAN Verified Not No.4466/2019 decided vide order dated 05/03/2019 and pass Digitally signed by SHABANA ANSARI Date: 2021.02.26 16:52:53 IST 2 WP-4316-2021 appropriate order on the application for renewal of permanent licence.

This Petition with the aforesaid observation is disposed of.

                                                                              (VISHAL DHAGAT)
                                                                                   JUDGE


                      shabana




Signature
 SAN      Not
Verified

Digitally signed by
SHABANA ANSARI
Date: 2021.02.26
16:52:53 IST