Statute mandates proper applications for NOC issuance, and criminal case registration does not obstruct this process.

J U D G M E N T

The writ petition is filed with the following prayers;

“i) Issue a writ of Mandamus or any other appropriate writ or direction orders directing the 1st respondent to consider Exhibit P-1 request submitted by the petitioner for the issuance of NOC in respect of stage carriage KL-12C-2827 and issue the same forthwith;

ii) Declare that the registration of Crime No.1376/2022 by the 2^nd respondent and pendency of the criminal case and the matter before the Motor Accidents Claims Tribunal cannot be a ground to deny the NOC.

iii) To dispense with the production of English Translation of documents which are in vernacular language;

iv) Render such other orders or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

2. The learned Government Pleader submits that statutory applications, the petitioner has to file, for obtaining an NOC under Section 48 of the Motor Vehicles Act , read with Rule 58 of the Central Motor Vehicles Rules have not been preferred by the petitioner.

3. Though the learned counsel for the petitioner submits that the pendency of a claim petition before the Tribunal or the registration of a criminal case cannot stand in the way of the grant of NOC, I am not inclined to consider the same in the first instance, as the statutory authority is to consider the applications in the prescribed formats. Without prejudice to the right of the petitioner to prefer applications as aforesaid, the writ petition is disposed of directing that if the petitioner prefers the applications within two weeks from today, the 1^st respondent shall pass orders on the same, within a further period of one month.

SD/-

MOHAMMED NIAS C.P., JUDGE JJ APPENDIX OF WP(C) NO. 44886 OF 2024 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 20-