Pawan Arora vs The State Of Madhya Pradesh
2021 Latest Caselaw 6534 MP

              HIGH COURT OF MADHYA PRADESH,
                    BENCH AT GWALIOR

                           W.P.No.21271/2021
          (Pawan Arora Vs. The State of Madhya Pradesh & Ors. )
                                     (1)

Gwalior, dated : 08.10.2021

          Shri M.S. Jadon, learned counsel for the petitioner.

          Shri Sanjay Kumar Sharma, learned Government Advocate

for the respondents/State.

I.A. No.13381/2021, an application for urgent hearing is

considered and allowed.

Heard on the question of admission as well as on interim

relief.

This petition under Article 226 of the Constitution of India

has been filed seeking following reliefs:

"1) ;kfpdkdrkZ }kjk izLrqr ;kfpdk Lohdkj djrs gq, ;kfpdkdrkZ ds LFkkbZ vuqKki= dzekad [email protected],lVh,@[email protected] ekxZ& f'koiqjh ls >kalh cS/krk 03-12-2022 ij vafdr ekWMy daMh'ku lEcU/kh 'krZ dz0 5 dks foyksfir fd;k tkdj ;kfpdkdrkZ dh 2011 ,oa 2010 ekWMy dh vkPNkfnr okguksa dks tufgr esa lapkyu dh vuqefr nh tkosA

2) ;kfpdkdrkZ dh okgu dzekad ,[email protected]

0777 ekWMy 2011 cSBd {kerk 56$2 ¼iath;u 22-09-2011½ ds lapkyu ds laca/k es uohu la'kksf/kr fu;e 77 ¼1&,½ dk izko/kku rFkk 10 o"kZ dh ekWMy daMh'ku lEcU/kh 'krZ ck/kd ugh gksus lEcU/kh vkns'k ikfjr fd;s tkosA

3) ;kfpdkdrkZ dks ;kfpdk dk O;; o vfHkHkk"kd 'kqYd izR;FkhZx.k ls fnyk;k tkosa vU; ekfQd fjV;kfpdkdrkZ ds i{k esa rFkk izR;FkhZx.k ds fo:) ekuuh; U;k;ky; tks mfpr le>s tkjh dh tkosA"

It is submitted by the learned counsel for the petitioner that

the issue of plying the vehicle which is more than 10 years old, has

already been decided by the Coordinate Bench of this Court by

order dated 30/08/2018 passed in the case of Waheed Vs. Transport HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

W.P.No.21271/2021 (Pawan Arora Vs. The State of Madhya Pradesh & Ors. )

Department in Writ Petition No.7703/2018 (Indore Bench), order

dated 05/10/2018 passed in the case of Shiv Narayan Gupta Vs.

State of M.P. and others in Writ Petition No.23599/2018 (Indore

Bench), order dated 23/06/2020 passed in Writ Petition

No.7937/2020 (Jabalpur Bench), order dated 05/02/2020 passed in

the case of Kamal Vs State of M.P. in Writ Petition No.3028/2020

(Gwalior Bench) and order dated 23/03/2021 passed in the case of

Kalicharan Sonwariya Vs State of M.P. in Writ Petition

No.5938/2021 (Gwalior Bench).

On the other hand, learned Government Advocate submits

that this case appears to be covered by the aforementioned

judgments.

Considering the facts and circumstances of the case, this writ

petition is disposed of with a direction to the petitioner that in case

the petitioner makes a representation before the competent

Authority/Respondent No.2, then the competent Authority/

respondent No.2 shall consider and decide the same in accordance

with law by passing a reasoned and speaking order within a period

of seven days from the date of filing of the representation as well as

receipt of certified copy of this order passed today keeping in view

the aforementioned judgments and the outcome of the same shall

be communicated to the petitioner forthwith.

It is made clear that this Court has not expressed any opinion HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

W.P.No.21271/2021 (Pawan Arora Vs. The State of Madhya Pradesh & Ors. )

on the merits of the case.

With aforesaid observations, this petition is finally disposed

of.

(S.A.Dharmadhikari) Judge Shanu SHANU RAIKWAR 2021.10.08 17:25:40 -07'00'