Kewalram Transport Group B vs Transport Department

[1] The petitioner has filed the present petition praying for a direction to the Respondents to consider and decide his application (Annexure-P/1) for

renewal of the permanent permit issued in respect of vehicle bearing registration number MP-49-E-0162 in accordance with the provisions of Rule 77

of the Motor Vehicle Rules, 1994 and law laid down in W.P. No.7703/2018 (Waheed Khan Vs. Transport Department), passed by this Court on

30/08/2018.

[2] Learned counsel for the petitioner submits that the petitioner is having a valid permanent permit under Rule 73 (1)(A) of the Motor Vehicle Rules

from Khndwa to Roshni via Jaswadi, Singote, Jalkua route. The said permit was renewed from time to time and last renewal was granted w.e.f

1.07.2017 to 30.06.2022 vide order dated 19.6.2017. That, before expiry of the said period the petitioner has already submitted an application on

29.02.2020 for renewal of his permit. However, the said application could not be decided by the Respondent No.2 therefore, the present petition has

been filed.

[3] Learned counsel for the petitioner has relied on the order passed by this Court in the case of Waheed Khan(supra)and submits that the

Respondent No.3 be directed to decide the application submitted by him vide Annexure-P/1 in the light of the order passed by this Court as well as

provision of Rule 77 of the Motor Vehicle Rules 1994.

[4] Heard learned counsel for the parties and perused the record.

[5] That this Court in the case of Waheed Khan(supra) decided on 30/08/2018 has held as under :-

“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.f24/11/2010 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.â€​

[6] That, as per the said judgment, the provisions of sub-rule (1-a) of Rule 77 would not apply to the petitioner. In the present case, the petitioner has

submitted his application for renewal of permit and his application is pending.

[7] Therefore, the present writ petition is disposed of with a direction to the Respondent No.2 to decide the application submitted by the petitioner for

renewal of permanent permit in respect of bus bearing number MP-49-E-0162 in accordance with provisions of Rule 77 of M.P. Motor Vehicles

Rules, 1994 as well as order passed by this Court in W.P.No.7703/2018 (Waheed Khan vs. Transport Department).

Certified copy as per rules.