ORDER

1. The present petition is being filed by the petitioner seeking following reliefs :

“(I) That, the respondents authorities be directed not to compel the petitioner to replace the vehicle for plying on the route Pathari to Kurwai via Chhapra, Godavari, Bamora as the provisions of amended Rules i.e. 24.10.2011 sub-rule (1-a) will not apply to the petitioner as the same came into force subsequent to the registration of the petitioner’s vehicle and same has no application in view of the provisions of rule 77 (1-b).

(II) That, the relief as granted by this Hon’ble Court in Writ Petition No.7703/2018 may kindly be granted in favour of the petitioner.

(III) Any other writ, order or direction as this Hon’ble Court may deems fit in the facts and circumstances of the case be granted to the petitioner against the respondents. Costs be awarded.”

2. Learned counsel for the petitioner submits that the petitioner is the registered owner of the vehicle bearing Registration No.MP08-E- 0180, 2005 model having seating capacity 30+2 and plying the vehicle, permit has been granted by the competent authority for the route Pathari to Kurwai via Chhapra, Godavari Bamora and said permit is valid up to 31.12.2024 and in view of the notification dated 28.12.2015 the amended provisions of rule 77 which was came into force by notification dated 24.11.2010 will not apply to the vehicle which is registered prior to coming into force of the notification.

3. It is argued that the aforesaid controversy was considered by this Court in the case of Waheed Khan v. Transport Department and others (W.P.No.7703/2018), wherein it was held as under :

“30.8.2018

Shri Sunil Jain, learned Sr. counsel along with Shri K. Jain, counsel for the petitioner.

Shri Vibhor Khandelwal, GA for the respondent/State.

The petitioner has filed the present writ petition being aggrieved by the order dated 13.2.2018 passed by the Addl.RTO, Dhar, by which temporary stage carriage permit of the petitioner for the vehicle bearing registration No. UP-41- T-1173 has been cancelled on the ground that the vehicle has crossed the age of 15 years from the year of manufacture.

Learned Authority has exercised the powers conferred under rule 77(1-a)(iii) of the M.P. Motor Vehicles Rules, 1994 ( in short “ the 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 theyear 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-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.”

Shri Sunil Jain, learned Sr. counsel has pointed out that sub-clause (1-b) has been inserted in the M.P. Motor Vehicles Rules, 1994 w.e.f. 28.12.2015, according to which, the provision of sub-rule (1), as it relates to the stage carriage registered before the coming into force of said sub-rule, shall not apply. Learned Authority, before passing of the order under sub-rule (1-a)(iii) of the Rules, did not ex