LAWS(CHH)-2018-8-119

ALOK KUMAR AKHILESH Vs. STATE OF CHHATTISGARH

Decided On August 28, 2018
Alok Kumar Akhilesh Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) A short question arising for decision making in this petition is whether in the absence of the respondent No.3 having provided all the required particulars in his application for issuance of permit on the inter-state route Ambikapur to Puri in terms of Section 70 of the Motor Vehicles Act, 1988 (henceforth 'the Act, 1988'), the Authority was justified in considering the application and issuing permit.

(2.) The indisputable facts, as admitted between the parties, are that two vacancies on the inter-state route Ambikapur to Puri were available on the relevant date, for which the petitioners Alok Kumar Akhilesh and Mohd. Baidul moved applications on 31.08.2017, whereas the respondent No.3 Shiv Ratan Prasad Gupta applied on 09.10.2017. The application filed by the respondent No.3 was considered on 16.11.2017 and eventually, the permit was issued in his favour vide impugned order dated 19.01.2018.

(3.) It is also not disputed that on the date when the respondent No.3 moved application, his vehicle was not permanently registered, as it was bearing only temporary registration number, which is made available to a chasis without the whole body being raised over the chasis.