ORDER

Heard on the question of admission.

Counsel for the petitioner submits that the issue involved in this petition has already been decided by the co-ordinate Bench of this Court in W.P. Waheed Khan Vs. Transport Department

30.08.2018

"The petitioner has filed the present writ petition being aggrieved by the order dated 13/02/2018 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 :

"ÂœRule 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 the year 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 Deluxe / Air not less than 35+2 seats*[including] conditioned Bus driver and conductor

2 Express Bus not less than 45+2 seats, *[including] driver and conductor

3 Ordinary Bus not less than 50+2 seats, *[including] driver and conductor

(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 examine the provision of sub-rule (1-b), by which, provision of sub-rule (1-a) of the Rules, has been excluded for the vehicle registered before coming into force of the said rule. Sub-rule (1-a) came into statute w.e.f 24/11/2010 and the vehicle bearing registration no. UP-41-T-1173 manufactured in the year 2002 and registered on 22/03/2002. Admittedly, the provision of sub- rule (1-a) of the Rules, would not apply to the petitioner, hence the impugned order is hereby set aside.

Present petition stands allowed accordingly."

Since the present case stands on the same footing, therefore, the disposed o

Waheed Khan (supra)

mutandis in the present case also.

Certified copy as per rules.

(SUBODH ABHYANKAR)

JUDGE

Pankaj