RAMAKANT BHAGWATIPRASAD SHARMA Vs. STATE OF GUJARAT
LAWS(GJH)-2021-8-126
HIGH COURT OF GUJARAT
Decided on August 02,2021

Ramakant Bhagwatiprasad Sharma Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

Nikhil S.Kariel,J. - (1.)Heard learned Advocate Shri Sudhanshu Jha on behalf of the petitioner, learned Assistant Government Pleader Ms. Surbhi Bhati on behalf of respondents no. 1 and 2 and learned Advocate Shri Rutvij Oza on behalf of respondent no.3.
(2.)By way of this petition the petitioner challenges order dated 29.09.2020 passed by respondent no.2 and order dated 19.03.2020 passed in appeal confirming the order passed by respondent no.2.
(3.)It is contended by learned Advocate Shri Jha appearing on behalf of the petitioner that the registration of vehicle of the petitioner had been cancelled by the respondent no.2 herein vide order dated 19.03.2020 upon the recommendation of the respondent no.3 herein and whereas the petitioner had under Section 57 of the Motor Vehicles Act, 1988, preferred an appeal against the same before the Commissioner ( Transportation) and whereas it is submitted that the Commissioner without proper application of mind, merely by stating that since the Gujarat Pollution Control Board has 'directed' for cancellation of the registration of the vehicle bearing registration No. GJ-01-FT-1578 of the ownership of the petitioner, without challenging the order of the Gujarat Pollution Control Board, the Appellate Authority could not pass any orders therefore on such ground the appeal is rejected.


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