PACHOR RAJGARH (MADHYA PRADESH) v. (BY SHRI LALIT JOGLEAKAR - GOVERNMENT ADVOCATE)
Case at a glance
Outcome
Disposed of
With aforesaid directions, this writ petition is disposed of
Key paragraphs
- Para 22. THE STATE OF MADHYA PRADESH THROUGH THE SECRETARY GOVERNMENT OF MADHYA PRADESH DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL, (MADHYA PRADESH) TRANSPORT THE REGIONAL TRANSPORT AUTHORITY CUM REGIONAL TRANSPORT DEPUTY COMMISSIONER BHOPAL DIVISION BHOPAL (MADHYA PRADESH) (BY SHRI LALIT JOGLEAKAR - GOVERNMENT ADVOCATE) .....RESPONDENTS This petition…
Judgment
Between:- KULDEEP CHOUDHARY S/O SHRI JAGDISH CHOUDHARY, AGED ABOUT 42 YEARS, OCCUPATION: BUS OPERATOR 7 JAT MOHALLA PACHOR RAJGARH (MADHYA PRADESH) .....PETITIONER (BY SHRI SUBODH KUMAR PANDEY - ADVOCATE) AND
THE STATE OF MADHYA PRADESH THROUGH THE SECRETARY GOVERNMENT OF MADHYA PRADESH DEPARTMENT MANTRALAYA VALLABH BHAWAN BHOPAL, (MADHYA PRADESH) TRANSPORT THE REGIONAL TRANSPORT AUTHORITY CUM REGIONAL TRANSPORT DEPUTY COMMISSIONER BHOPAL DIVISION BHOPAL (MADHYA PRADESH) (BY SHRI LALIT JOGLEAKAR - GOVERNMENT ADVOCATE) .....RESPONDENTS This petition coming on for admission this day, th e court passed the Signature Not Verified SAN SINGH following: ORDER Learned counsel for the petitioner submitted that in the cause title the description of respondent No.2 has been mentioned as Regional Transport 2 Authority, Sagar whereas it should have been Regional Transport Authority, Bhopal as well as registration number of Vehicle has been mentioned as MP-41- P-1192 (Tata) whereas it should have been MP-41-P-0192 (Tata). Petitioner is permitted to correct the aforesaid description in Court itself for which no separate application is required.
Petitioner has filed this petition making a prayer for quashing of model condition in permit of non-plying of 15 years old vehicle. On aforesaid, the petitioner will not be able to ply his vehicle which was registered on 11.10.2007. This vehicle is about 15 years old, therefore, the condition No.1 in the permit will come in the way of the petitioner for plying her vehicle. Learned counsel appearing for the petitioner submits that earlier identical writ petition has been decided and the condition attached with the permit has been quashed. Learned Panel Lawyer for the State submits that similar writ petition has already been disposed of by this Court giving directions mutatis mutandis to the order passed in Writ Petition No.6184/2019 (Smt. Sunita Jain Versus State of Madhya Pradesh). I have heard learned counsel appearing for the parties. The amended Rule 77(1-b) of Madhya Pradesh Motor Vehicles Rules, 1994 was substituted on 28.12.2015.
Operative part
It lays down that the restriction imposed b y Sub Rule (1-a) of Rule 77 of the Madhya Pradesh Motor Vehicles Rules, 1994, so far as it relates to the stage carriage permit will not apply to vehicles, which were registered prior to date of amendment. Signature Not Verified SAN SINGH In view of aforesaid amendment of 28.12.2015 in the Madhya Pradesh Motor Vehicles Rules, 1994, the condition No.1 that the vehicle is more than 15 years old will not be operated is quashed in respect of vehicle bearing 3 registration number MP-41-P-0192 (Tata). With aforesaid directions, this writ petition is disposed of. C.C. as per rules. DPS (S. A. DHARMADHIKARI) JUDGE Signature Not Verified Signature Not Verified SAN SAN SINGH SINGH
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.