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Madhya Pradesh High Court

Upendra Kumar Sullere vs The State Of Madhya Pradesh on 16 March, 2022

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                           1
                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                 ON THE 16th OF MARCH, 2022

                                           WRIT PETITION No. 6219 of 2022

                              Between:-
                              UPENDRA KUMAR SULLERE S/O NAND KUMAR,
                              AGED ABOUT 53 YEARS, OCCUPATION: BUS
                              OPERATOR R/O OLD BUS STAND, AJAYGARH,
                              DISTRICT PANNA (MADHYA PRADESH).

                                                                                            .....PETITIONER
                              (BY SHRI BRAJESH KUMAR DUBEY, ADVOCATE)

                              AND

                      1.      THE STATE OF MADHYA PRADESH THROUGH THE
                              SECRETARY      TRANSPORT     DEPARTMENT
                              MANTRALAYA VALLABH BHAWAN BHOPAL M.P.
                              (MADHYA PRADESH)

                      2.      THE REGIONAL TRANSPORT AUTHORITY SAGAR
                              DISTRICT-SAGAR (MADHYA PRADESH)

                      3.      THE    SECRETARY       REGIONAL          TRANSPORT
                              A U T H O R I T Y DISTRICT-SAGAR           (MADHYA
                              PRADESH)

                      4.      SHRI MAHENDRA KUMAR CHOURASIYA S/O S.C.
                              CHOURASIYA OCCUPATION: BUS OPERATOR R/O
                              KRISHNA COLONY, WARD NO 1, CHHATARPUR,
                              DISTRICT-CHHATARPUR(M.P.)      (MADHYA
                              PRADESH)

                                                                                        .....RESPONDENTS
                              (BY SHRI YASH SONI, GOVT. ADVOCATE)

                            T h is petition coming on for admission this day, the court passed the
                      following:
                                                            ORDER

Petitioner has filed this petition making following prayers :

"(i) The Hon'ble Court may kindly be pleased to issue a writ of mandamus detecting the respondents No. 2 to consider and decide the application/objection of the petitioner in the light of law laid down by the Division Bench of this Hon'ble Court in the case of Ashish Kumar Vs. M.P. State Transport Appellate tribunal, reported in 2010 (3) MPLJ and cancel the permit of the respondent no.4.

Signature SAN Not (ii) Any other relief which this Hon'ble Court may deem fit in Verified the circumstances of the case, may also be granted to the Digitally signed by VINOD KUMAR petitioner, together with the cost of this petition."

TIWARI Date: 2022.03.16 17:17:15 IST 2

Counsel appearing for the petitioner submitting that respondents No. 2 be directed to decide petitioner's representation / objection.

Counsel for the State does not object to aforesaid proposition. In view of same, writ petition filed by petitioner is disposed off with direction to respondent No.2 to consider and decide the representation preferred by petitioner in the light of judgment reported in 2010 (3) M.P.L.J. 60, Ashis Kumar Jain vs M.P. State Transport Appellate Tribunal, Gwalior and others, within a period of 45 days from the date of receipt of certified copy of the order passed today.

With aforesaid direction, writ petition is disposed off. C.C. as per rules.





                                                                                    (VISHAL DHAGAT)
                                                                                         JUDGE
                      vkt




Signature
 SAN      Not
Verified

Digitally signed by
VINOD KUMAR
TIWARI
Date: 2022.03.16
17:17:15 IST