SUDHIR KUMAR NAYAK Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2020-3-193
HIGH COURT OF MADHYA PRADESH
Decided on March 13,2020

Sudhir Kumar Nayak Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

VISHAL DHAGAT,J. - (1.)Heard.
(2.)The petitioners before this Court are aggrieved by the conditions No.1 and 2 imposed by the respondent/RTO while issuing the temporary permit to the petitioner directing that the vehicles of the petitioners bearing registration No. MP-41-F/0288, MP-53-E/0423, MP-20-E/6170, MP-20-PA/0269, MP-50-P/0143 shall not be plied on account of it having crossed the age of 15 years from the year of manufacture.
(3.)Learned counsel for the petitioners has submitted that this Court in WP No.4466/2019 vide order dated 5.3.2019 has decided the similar issue regarding the said conditions and 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."



Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.