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Madhya Pradesh High Court · body

2013 DIGILAW 1430 (MP)

Mamta Sharma v. State Transport Appellate Tribunal

2013-11-20

G.D.SAXENA, S.K.GANGELE

body2013
JUDGMENT : 1. This petition has been filed against the orders Annexures P/1 and P/2. The petitioner was granted a regular permit of interstate route from Datia to Jhansi with two return trips daily. He submitted an application for renewal of the permit because the permit was valid upto 9th May, 2012. On the aforesaid permit, a vehicle No. MP32-P-0148 of 1995 model was covered. The application was rejected by the Regional Transport Authority on the ground that in accordance with the conditions of permit, vehicle of more than eight years old model cannot be covered under the permit. Against the aforesaid order, the petitioner filed an appeal, that has also been dismissed. The counsel for the petitioner has submitted that the petitioner offered an another vehicle to be covered under the permit of 2010 model bearing No. MP14-P-0349 having seating capacity 50+2, but it was not considered by the authority. 2. This Court in the case of Padam Chand Gupta and another Vs. State Transport Authority and another (Writ Petition No. 5125/2013) vide order dated 21st October, 2013 has held that fulfillment of certain requirements can be seen by the authority at the time of passing of the order, hence, it was obligatory on the part of the renewing authority to consider the alternative prayer of the petitioner by which the petitioner offered an another vehicle No. MP14-P-0349 to be covered under the permit. Hence, this petition is disposed of with the following directions:- i-The impugned orders Annexures P/1 and P/2 are quashed. ii-The renewing authority is directed to consider the application for renewal of permit of the petitioner and the fact that the petitioner is willing to cover an another vehicle No. MP14-P-0349 of 2010 model of her ownership under the permit of the petitioner. iii-The authority may pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of copy of this order.