SHREERAM SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) This petition under Article 227 of Constitution of India has been filed against the order dated at 08.12.2020 passed by Shri Axay Kumar Dwivedi, STAT, Gwalior in Appeal No. 21/2020 whereby the appeal filed by the petitioner against the order dated 16.9.2020 has been dismissed and the application filed by the petitioner for renewal of permit in respect of bus No. M.P-33-E-0199 has been deferred on the ground that the said bus has completed its life of 15 years and, therefore, the petitioner should replace the bus as per the amendment in Rule 77 of (MP Motor Vehicles Rules, 1994).

(2.) It is submitted by the Counsel for the petitioner that the petitioner was granted permit for plying bus No. M.P-33-E-0199. The last renewal of the permit was having its validity from 25.4.2015 to 25.4.2020. After the validity came to an end, he filed an application for renewal which has been deferred by RTA by the impugned order dated 16.9.2020 which has been affirmed by STAT. It is submitted that the co-ordinate bench of this Court by order dated 30.8.2018 passed in case of Waheed Khan v. Transport Department and Ors. (W.P. No. 7703/2018) has held that the provision of sub-rule (1a) of Rule 77 of MP Motor Vehicles Rules, 1994 (In short Rules 1994) would not apply to the stage carriage which were registered earlier and accordingly, petitioner is entitled for renewal of his permit and deferment of his application is contrary to such judgment.

(3.) This Court, by orders dated 5-1- 2021, 12-1-2021, 18-1-2021, 29-1-2021 and 15-2-2021 granted time to the State Counsel to verify as to whether any writ appeal against the order passed in the case of Waheed Khan (Supra) is under contemplation or not. It is submitted by the State Counsel that in spite of various letters sent by the Office of Additional Advocate General, no response has been received.