Jharkhand Bus Owner’s Association v. The State of Jharkhand
Case at a glance
Outcome
Disposed of
decided further and hence, the writ application is disposed of
Provisions considered
- Motor Vehicles Act, 1988 s. 211
Key paragraphs
- Para 22. Accordingly, we directed the learned counsel for the State to take instructions and further ordered for listing of this case today. The impugned notification (Annexure-1) had been stayed on that day. Learned counsel for the State would produce a copy of the notification bearing…
Judgment
SRI SANJAYA KUMAR MISHRA, C.J. SRI ANANDA SEN, J. For the Petitioner: For the Respondents: Mr. Piyush Chitresh, A.C. to A.G. --------- --------- Mr. Mitul Kumar, Advocate 15/Dated: 05.10.2023 Upon hearing the learned counsel for the parties, this Court passed the following, (Per, Sanjaya Kumar Mishra, C.J.) ORDER By filing this writ petition, the petitioner has prayed for the following reliefs:- issuance writ/writs, appropriate For quashing
For direction/directions, in the nature of Writ of Certiorari:- a. the Gazette Notification dated 10.8.2021 (Annexure-1) signed & sealed by Respondent No.3 by which the Department has amended the certain provisions of Motor Vehicle Act and Rules i.e. Section 211 of the Motor Vehicle Act 1988 and declared that amendment would be operative and valid in the State of Jharkhand and shall take effect from the date of its publication. order/orders, -And- b. For issuance of a direction upon the concerned Transport Authorities, not to realize enhanced fee, increased Road Taxes and to collect the fees as per the previously prevailing rates, till the matter is not finally adjudicated by this Hon’ble Court.
On the last date of listing, learned counsel for the State stated before us that the notification challenged in the writ application are ultra vires to the parent Act and the Government will come out with a new notification in this regard very soon which is in the active consideration of the Government.
Operative part
Accordingly, we directed the learned counsel for the State to take instructions and further ordered for listing of this case today. The impugned notification (Annexure-1) had been stayed on that day. Learned counsel for the State would produce a copy of the notification bearing No.ifj0 fo0-145/2007(पाट(cid:330)) 1100 dated 04.10.2023 in which the impugned notification is cancelled vide Rule 5 thereof. In that view of the matter, there is nothing remains to be decided further and hence, the writ application is disposed of. However, it is stipulated that if a decision is taken by the Government on the notification produced before us today, issued on 04.10.2023, the notification which has been stayed by us, i.e., Annexure-1, shall continue to be so stayed. It is further stipulated that if the petitioner intends to file the objection to the new notification/regulation, he is at liberty to present objections to the same before the Secretary, Department of Transport, Government of Jharkhand. In such an event, the petitioner’s objections shall be considered on its own merit by the Secretary, Department of Transport, Government of Jharkhand after affording a reasonable opportunity of hearing to the petitioner which shall be disposed of by a speaking and reasoned order. There shall be no orders as to costs. Pending application, if any, stands disposed of. Grant urgent certified copy of this order as per the Rules. (Sanjaya Kumar Mishra, C.J.) (Ananda Sen, J.) APK/VK
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: decided further and hence, the writ application is disposed of
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 211.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.