High CourtsSingle Bench(2021) 08 MP CK 0018

Balaghat Zila Bus Operators Association Thr. Its Secretary Shyam Kaushal vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 4 August 2021

HON’BLE JUDGES
Vijay Kumar Shukla, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 13844 Of 2021

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Judgment

21 paragraphs · 371 words

Vijay Kumar Shukla, J

The petitioners in the instant petition has prayed for the following reliefs :-

(i) The Hon'ble Court may kindly be graciously pleased to issue writ/direction to the respondent No.4 to give relaxation/discount on the petitioner's

member's vehicles for the period of April 2021 to June 2021, during the period of lock down / prohibition made by the respondent No.2.

(ii) The Hon'ble Court may kindly be graciously pleased to issue writ/direction to also may kindly be directed to the Transport Authority to rectify the

tax entry on the computer records with given relaxation/discount on the tax.

(iii) Any other relief which this Hon'ble Court deem fit in the circumstances of the case, may also be granted to the petitioner together with the cost of

the writ petition.

Learned counsel for the petitioners submits that in the year 2020 also the State Government has granted full discount on the dues of monthly tax on the

motor vehicles from the month of April 2020 to August, 20202 and 50% for the month of September, 2020 for all such public service vehicles which

are registered in the State of Madhya Pradesh and could not be operated due to lock-down. It is further submitted that the Collector has issued an

order under Section 144 of Cr.P.C. and prohibited the operation of the buses in the District Balaghat and therefore, the members of the petitioner's

association could not operate the vehicle. The petitioners have also submitted a representation before the respondent No.2 for seeking relaxation

during the prohibition/lock-down period.

Considering the aforesaid submission, I deem it appropriate to dispose of the petition with liberty to the petitioners to submit a fresh representationi

before the respondent No.1- Principal Secretary, Transport Department, Vallabh Bhawan, Bhopal within a period of 15 days from today and if such a

representation is submitted within the aforesaid period, the same shall be considered and decided by the Principal Secretary, Transport Department, in

accordance with law by passing a speaking order within a period of two months thereafter.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid direction, the petition is disposed of.

C.c. as per rules.