PARESH TRANSPORT CO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the Notices issued by respondent no. 2 in respect of the Truck bearing registration No. GJ-6x-8838 at Annexure-C Colly and further to direct respondent no. 2 to renew the Certificate of Fitness in respect of the said vehicle.

(2.) THE petitioner is a firm duly registered under the provisions of the Indian Partnership Act, 1932 and is engaged in the business of transport. The petitioner-firm owns a Truck bearing registration No. GJ-6x-8838 and it has obtained a goods carriage permit in respect of the said vehicle.

(3.) HEARD learned counsel for the respective parties and perused the documents on record. During the course of hearing, when a specific query was put by the Court to the learned counsel for the petitioner as to whether the petitioner has submitted its reply to any of the two Notices issued by the respondent-authority. Learned counsel for the petitioner was not in a position to give any positive reply to the said query put by the Court. Apart from that no statement has been made disputing the weight of the goods referred to in the petition. Therefore, it will not be appropriate to entertain this petition, particularly, when the proceedings are at the notice stage. Hence, the petition deserves to be dismissed only on the grounds stated herein above. Orders accordingly. Rule is discharged. Interim relief, if any, stands vacated. No order as to costs.