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2022 Supreme(MP) 158

SANJAY DWIVEDI
Mahadev Pradhan (M/s. ) Proprietor Shailadeep Pradhan – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
H. C. Kohli and Pramesh Jain for petitioner;
C. M. Tiwari, Government Advocate for respondents No. 1 and 2/State; Brajesh Kumar Dubey for respondents No. 3.

ORDER

1. Since the issue involved in both these petitions is one and the same, therefore, with the joint request of learned counsel for the parties, they are heard and decided by this common order. For the sake of convenience, facts of M.P. No.214 of 2022 are being taken note of.

2. By the instant petition filed under Article 227 of the Constitution of India, the petitioner calls in question the legality, validity and propriety of order dated 31.12.2021 (Annexure-P/1) whereby the State Transport Appellate Tribunal, Gwalior, after setting aside the order dated 15.9.2020 passed by the Regional Transport Authority (respondent No.2), remitted the matter to it for deciding the application preferred by respondent No.3 for grant of permit along with the petitioner's application for renewal of permit analogously.

3. Facts of this petition multum in parvo are that the petitioner while holding a regular carriage permit for the route Rewa-Amarkantak one single trip by two vehicles in rotation which was valid up to 23.5.2020, has preferred an application under section 81 of the Motor Vehicles Act, 1988 (in short the 'Act, 1988') before respondent No.2 for renewal of his permit for a further per

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