Rajendra Kumar Jaiswal vs The State Of Madhya Pradesh
2021 Latest Caselaw 2587 MP

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       THE HIGH COURT OF MADHYA PRADESH
                        WP No. 7939/2021
             (Rajendra Kumar Jaiswal Vs. State of MP)

Jabalpur, Dated: 21/6/2021
     Heard through video conferencing

      Mr. Subodh Kumar Pandey learned counsel for the petitioner.

      Mr. Anand Nayak learned Panel Lawyer for the 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 ended on 04/03/2020, the authority will not allow

them to run the vehicles taking shelter of the said circular.

On the other hand Shri Anand Nayak, learned counsel

appearing for the respondent-State has opposed the contention of

the petitioners and submits that the cause of action does not arise to

the petitioners to file this petition unless authority rejects their

application taking shelter of the circular. Learned counsel for

petitioner states that the petitioner has filed an application for

renewal which is pending.

Considering the rival contention of the parties, this petition is

disposed of with the direction to the respondent to consider the

same in the light of judgment passed by this Court in

W.P.No.4466/2019 decided vide order dated 05/03/2019 and pass

appropriate order on the application for renewal of permanent

licence.

This Petition with the aforesaid observation is disposed of.

(Atul Sreedharan) Judge BDJ

Digitally signed by BHUVNESHWAR DATT JOSHI Date: 2021.06.21 05:17:42

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