Back
ANAND PATHAK
Mahendra Gupta – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present petition under Article 226 of the Constitution is preferred by the petitioner seeking following reliefs:
“It is therefore, humbly prayed that this Hon’ble Court maybe pleased to allow this petition and order impugned dated 18.06.2024 (Annex.P-1) alongwith impugned seizer: (Annex.P-5) may kindly be set-aside by issuing appropriate writ, order or direction, in the interest of justice.
Any other deems fit and proper in the facts and_ circumstances of the case may kindly be passed by awarding the cost of petition to the petitioner, in the interest of justice”
2. Precisely stated facts of the case are that petitioner is a tourist bus operator and doing the business of Transportation of Tourists in India by his own tourist buses. Petitioner owned tourist vehicle bearing No. UP -95 T 5127 which was initially registered with Regional Transport Officer (RTO) Mahoba (U.P.) and at present it is duly registered with RTO, Gwalior after NOC being issued from RTO, Mahoba. As submitted, petitioner's vehicle was having valid documents at the relevant time of checking/seizure of vehicle on 1.5.2024 under the jurisdiction of District Transport Officer and Registration Officer
The court affirmed that any registering authority can suspend vehicle registration under the Motor Vehicles Act if there are contraventions, regardless of geographical registration.
The suspension of vehicle registration certificates under Section 53 of the Motor Vehicles Act is unlawful if the vehicles have valid permits at the time of seizure, regardless of allegations of ille....
Registration certificates cannot be suspended under Section 53(1)(b) of the M.V. Act where the vehicle permits are valid at the time of seizure, and allegations of illegal use do not suffice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
