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2023 Supreme(MP) 762

GURPAL SINGH AHLUWALIA
Ramu Singh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Neerendra Sharma, Advocate, Sushant Tiwari, Advocate, N. K. Gupta, Advocate, M . S. Jadon, Advocate
Final Result : Dismissed

JUDGMENT

Gurpal Singh Ahluwalia, J. - This writ petition under Article 226 of the Constitution of India has been filed against the order dated 29.12.2022 passed by Regional Transport Authority Gwalior in Case No.547/2022 and order dated 13.02.2023 passed the State Transport Appellate Tribunal, Gwalior (M.P.) in appeal No.10/2023 by which the regular permit has been refused on the ground that the vehicle owned by the petitioner does not confer to the specification mentioned in Rule 164(1) of M. P. Motor Vehicle Rules 1994.

2. By referring to proviso to Sub Rule (2) of Rule 164 of Rules 1994 it is submitted by the learned counsel for the petitioner that the said proviso makes it as clear as noonday that the provisions of Rule 164(1) of Rules 1994 shall not apply to the vehicles which were registered prior to coming into force of sub Rule (1) of Rule 164 of Rules 1994.

3. Per contra, it is submitted by the learned counsel for the respondents/caveator that there is a misconception in the arguments advanced by petitioner. Sub Rule (2) of Rule 164 of Rules 1994 which deals with an emergency window has no application to Sub Rule (1) which deals with separate entrance and exit doors located o

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