SAURABH SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Learned counsel for the respondents does not fairly oppose the delay in preferring the present special appeal.

(2.) For the reasons stated in the affidavit filed in support of the delay condonation application, the delay condonation application is allowed, and the delay of 67 days in preferring the special appeal is, hereby, condoned. Special Appeal No.56 of 2023

(3.) The present special appeal is directed against the order dtd. 5/12/2022, passed by the learned Single Judge, in Writ Petition (M/S) No.2988 of 2022, on the ground that the appellant has an alternative efficacious remedy under Sec. 89 of the Motor Vehicle Act, 1988 against the order passed by the Secretary of the State Transport Authority dtd. 16/11/2022, whereby the permission granted to the appellant to ply vehicles between Ballupur to Parade Ground has been withdrawn, as a consequence of the vacation of the stay order granted by this Court on 21/10/2022, in Writ Petition (M/S) No.2119 of 2022.