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2024 Supreme(Online)(MP) 27944
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE SUBODH ABHYANKAR, J
Bhawna Savriya – Appellant
Versus
The State Of Madhya Pradesh Through Principal Secretary – Respondent
WP 8517/2024
Ashish Choubey,Advocate General
The court mandated that administrative decisions must be made based on prior rulings and require a reasoned order.
Headnote:(A) Constitution of India - Article 226 - Writ petition for mandamus - Petitioner sought a temporary permit for a vehicle based on its registration date - Respondent failed to consider the application due to the vehicle's age - Court directed the respondent to decide the application in light of a prior decision. (Paras 2-5)
(B) Administrative Procedure - The court emphasized the need for a reasoned and speaking order in administrative decisions. (Paras 5-6)
Facts of the case:
The petitioner filed a writ petition seeking a temporary permit for a vehicle registered on 12.01.2010, which was not considered by the respondent due to the vehicle's age.
Findings of Court:
The court directed the respondent to decide the application within two weeks, ensuring adherence to the prior decision.
Issues: The main issue was whether the respondent would consider the application based on the vehicle's age and the prior court decision.
Ratio Decidendi: The court ruled that the respondent must decide the application expeditiously and provide a reasoned order, reflecting the merits of the case.
Result: Petition disposed of.
1. Heard.
2. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-
- "Issue a writ in the nature of mandamus to direct the respondent no. 2 to consider the application of the petitioner for temporary permit from Badwani To Morkatta Via Pichodi, Palya, Bhanati, Bijasan according to the age limit of (SUBODH ABHYANKAR) JUDGE the vehicle as per the date of registration i.e. 12.01.2010 and permit the petitioner to operate the present vehicle on the permit continuously till 12.01.2025. ii. Issue any other writ, order or direction as this Hon'ble Court deems fit."
2. The grievance of the petitioner is that the respondent No.2 has not considered the application of the petitioner for grant of temporary permit from Barwani To Morkatta Via Pichodi, Palya, Bhanati Bijasan rout due to age of the Vehicle No.MP-46-P-0246.
3. Counsel for the petitioner has relied upon a decision passed by the co- ordinate Bench of this Court at Jabalpur in W.P. No.30235 of 2023 ( Virendra Singh Vs. The State of M.P. and Ors. ) dated 11.12.2023 and it is submitted that the respondent No.2 be directed to decide the petitioner's application in the light of the aforesaid order.
4. Counsel for the State has submitted that the application of the petitioner shall be decided, expeditiously, in accordance with law.
5. In view of the aforesaid submissions, the petition is hereby disposed of with a direction to the respondent No.2 to decide the petitioner's application for grant of temporary permit as aforesaid in the light of the order passed in W.P. No.30235 of 2023 (supra) within a period of two weeks, in accordance with law by a reasoned and speaking order.
6. It is made clear that this Court has reflected upon the merits of the case.
7. With the aforesaid, the petition stands disposed of.
