Madhya Pradesh High Court
Himanshu Adya vs The State Of Madhya Pradesh on 24 February, 2022
Author: Rohit Arya
Bench: Rohit Arya
1
The High Court Of Madhya Pradesh
WP No. 4433 of 2022
(HIMANSHU ADYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Gwalior, Dated : 24-02-2022
Shri M.S.Jadon, Advocate for the petitioner.
Shri G.K.Agrawal, Government Advocate for the respondents/State.
Petitioner has filed this petition making a prayer for quashing of model condition in permit of non-plying of 10 year old vehicles. On aforesaid, the petitioner will not be able to ply his vehicle which was registered on 23-06-2012. This vehicle is although not more than 10 years old, but condition No.5 in the permit will come in the way of the petitioner for plying his 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 Govt. Advocate 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).
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. It lays down that the restriction imposed by 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.
In view of aforesaid amendment of 28.12.2015 in the Madhya Pradesh Motor Vehicles Rules, 1994, condition No.5 that the vehicle is more than 10 years old will not be operated is quashed in respect of vehicle bearing registration number MP33-P-0977.
With aforesaid directions, this writ petition is disposed of. Certified copy as per rules.
(ROHIT ARYA)
ANAND
SHRIVASTAV JUDGE
A
2022.02.25
10:20:31
+05'30'
2
(and)