SMT. BHARTI DUBEY v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2020-12-17. SMT. BHARTI DUBEY v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
THE HIGH COURT OF MADHYA PRADESH W. P. No. 19425/2020 (Smt. Bharti Dubey & another Vs. State of M. P. and others) Jabalpur Dated: 17. 12. 2020 Mr. Rahul Rawat, learned counsel for the petitioners. Mr. Abhishek Singh, Panel Lawyer for the respondents-State. Heard. At the outset, learned counsel for the petitioners submits that this matter is squarely covered by the order dated 5/3/2019 passed in W. P. No. 4466/2019 wherein while deciding the similar issue, this Court has held as under:- "Learned Authority has exercised the powers conferred under Rule 77(1-a)(iii) of the M. P.
Motor Vehicles Rules, 1994 (in short "Rules, 1994"), which is reproduced below : "Rule 77, Sub-rule (1-a)- In order to ensure safe, secure and convenient transport services to the passengers, the permit granting authority while granting a stage carriage permit shall abide by the following conditions namely :- (i) that no stage carriage permit shall be granted on interstate route to a vehicle which has completed 10 years from the manufacture year; (ii)[ xxx] (iii) that no stage carriage permit shall be granted for any route of the vehicle which has completed (15 years) from the year of manufacture; (iv) that for long distance route of ( more than 75 kms) in a single trip, the following category of vehicles with seating capacity shown against each shall be permitted to ply:- 1 Deluxe / Air not less than 35+2 seats*[including] conditioned Bus driver and conductor 2 Express Bus not less than 45+2 seats, *[including] driver and conductor 3 Ordinary Bus not less than 50+2 seats, *[including] driver and conductor (1-b) the restriction imposed by sub-rule (1-a), in so far as they relates to the stage carriage registered before coming into force of the said rules shall not apply.
" Mr. Ashish Rawat, learned counsel has pointed out that sub-clause (1-b) has been inserted in the M. P. Motor Vehicles Rules, 1994 w. e. f. 28/12/2015, according to which, the provision of sub-rule (1), as it relates to the stage carriage registered before coming into force of said sub-rule, shall not apply. Learned Authority, before passing of the order under sub-rule (1-a)(iii) of the Rules, did not examine the provision of sub-rule (1-b) by which, provision of sub-rule (1-a) of the Rules, has been excluded for the vehicle registered before coming into force of the said rule. Sub-rule (1-a) came into statute w. e. f. 24/11/2010 and the vehicle bearing registration no. MP-20-PA-1077 manufactured in the year 2002 and registered on 22/03/2002. Admittedly, the provision of sub-rule (1-a) of the Rules, would not apply to the petitioner, hence the impugned order is hereby set aside. Present petition stands allowed accordingly.
" In the considered opinion of this Court the aforesaid order passed in WP No. 4466/2019 shall be applicable in the present case also mutatis mutandis and the conditions imposed on the petitioners No. 1 and 2 regarding non-plying of their 15 years old vehicle bearing registration numbers DL1VA1826 and KL14H2466 respectively are liable to be and are hereby struck down. As a result the petition stands allowed with the aforesaid observations. C. C. As per rules. (Subodh Abhyankar) Judge DV Digitally signed by DINESH VERMA Date: 2020. 12. 18 11:50:50 +05'30'
Source: High Court of Madhya Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.