CHAMANJI KUNVARJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Mr. V. B Malik for the petitioner states that in view of the fact that in order dtd. 29/6/2022 which is impugned in this petition it is categorically stated by the RTO, Mahesana that in view of the fact that registration of subject vehicle is cancelled and for restoring the same, the petitioner is required to prefer an appeal before the Chairman, Gujarat Pollution Control Board, Gandhinagar and hence, he may be permitted to withdraw this petition with a view to avail the alternative remedy to prefer an appeal before Chairman, Gujarat Pollution Control Board, Gandhinagar.

(2.) Learned advocate Mr. Malik states that suitable observations may be made as though the vehicle which was seized has now been released but the petitioner is a poor person. He is not in a position to use the aforesaid vehicle as the registration of vehicle is cancelled and therefore, if any interim application for permitting him to use the vehicle is preferred by the petitioner, the same may be considered by Gujarat Pollution Control Board sympathetically, taking into consideration the fact that the petitioner has already paid all the outstanding dues.

(3.) In view of the aforesaid request, permission to withdraw this petition with a view to avail appropriate remedy as suggested vide order dtd. 29/6/2022 of preferring an appeal before the Chairman, GPCB is granted. If the petitioner alongwith his appeal prefers any application for interim relief to the tune of permitting the petitioner to use the vehicle, the Appellate Authority is directed to consider the same in accordance with law and to decide the interim application within a period of two months from the date of filing of the same.