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Madhya Pradesh High Court

Smt. Kamla Devi Gaur vs Principal Secretary Transport ... on 21 December, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                              ON THE 21 st OF DECEMBER, 2023
                                              WRIT PETITION No. 31258 of 2023

                           BETWEEN:-
                           SMT. KAMLA DEVI GAUR W/O VIPIN GAUR, AGED
                           ABOUT   60   YEARS, OCCUPATION: PASSENGER
                           TRANSPORT GAWSHINDE NAGAR, KHANDWA ROAD,
                           KHARGONE (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (BY SHRI ABHAY KUMAR JAIN, LEARNED COUNSEL)

                           AND
                           1.    PRINCIPAL       SECRETARY   TRANSPORT
                                 D E P A R T M E N T VALLABH   BHAWAN,
                                 MANTRALAYA, BHOPAL (MADHYA PRADESH)

                           2.    TRANSPORT       COMMISIONER TRANSPORT
                                 DEPARTMENT, STATE OF MADHYA PRADESH
                                 HURAWALI   HILLS,  GWALIOR   (MADHYA
                                 PRADESH)

                           3.    REGIONAL TRANSPORT AUTHORITY REGIONAL
                                 TRANSPORT OFFICE NAYATA MUNDALA, INDORE
                                 (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                           (MS. BHARTI LAKKAD, LEARNED GOVT. ADVOCATE FOR
                           RESPONDENTS/STATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

In the instant petition filed under Article 226 of the Constitution of India, the petitioner is challenging the order dated 30.11.2023 issued by respondent No.3 whereby the application filed by petitioner for replacement of Deluxe Bus Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 21-12-2023 17:51:29 2 vehicle No.RJ09-PB-9607 having seating capacity 48 1 covered by a regular stage carriage permit No.171/14/Indore by spare vehicle No.MP10-ZC-7432 being an AC Deluxe Sleeper Bus having seating capacity 35 1.

2. Counsel for the petitioner submits that since the State Transport Appellate Tribunal (hereinafter referred as STAT) is not functioning, the petitioner has no remedy, but to invoke the jurisdiction of this Court under Article 226 of the Constitution of India.

3. Counsel for the petitioner further submits that the respondent No.3 has erred while rejecting the application of the petitioner for replacement of the vehicle only on the ground of seating capacity of the vehicle. He submits that as per the provisions of Section 83 of the Motor Vehicles Act, 1988, the holder of a permit may, with the permission of the authority by which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same nature. The Rule 84 of Madhya Pradesh Motor Vehicle Rules enumerates the grounds for rejection of the application for replacement. The ground of seating capacity is not a ground for rejection of application for replacement. In support of his submission, he has placed reliance on an order passed by STAT, Gwalior dated 27.12.2022 in the case of Prakash Chand Jain vs. RTA, Indore (Appeal No.123/2022).

4. After hearing learned counsel for the parties and considering the aforesaid provisions of Section 83 and Rule 84 of MP Motor Vehicle Rules, and the order of STAT dated 27.12.2022, the impugned order dated 30.11.2023 passed by respondent No.3 is set aside. The respondent No.3 is directed to decide the matter afresh keeping in view the aforesaid provisions of the Act and Rules and also the order passed by STAT dated 27.12.2022 within a period of one month from the date of filing of the copy of the order.

5. With the aforesaid, the petition is allowed and disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 21-12-2023 17:51:29