Shyam Choudhary vs Transport Department
2021 Latest Caselaw 974 MP

 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                        Writ Petition No.6353/2021
               (Shyam Choudhary Vs. State of M. P. and Another.)
                                        -1-

Indore, dated 22/03/2021

      Mr. Kamlesh Mandloi, learned counsel for the petitioner.

      Ms. Vinita Phaye, learned Government Advocate for the

respondent / State.

Petitioner owned a bus bearing registration number MP-09-FA-

1142 of 2006 model. He was granted stage carriage permit on

26/09/2017 for a period from 01/10/2017 to 30/09/2022 from Mohad to

Burhanpur 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 HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

Writ Petition No.6353/2021 (Shyam Choudhary Vs. State of M. P. and Another.)

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.

(ROHIT ARYA) JUDGE Tej

Digitally signed by Tej Prakash Vyas Date: 2021.03.22 16:46:43 +05'30'