Pioneer Enterprises (I) v. Govt. NCT Of Delhi & ANR.

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4392/2024 PIONEER ENTERPRISES (I) ..... Petitioner Through:

Mr. Kanhaiya Singhal, Mr. Teeksh Singhal, Mr.

Ujwal Ghai, Mr.

Prasanna and Mr. Ajay Kumar, Advocates.

versus GOVT. NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Tushar Sannu and Mr. Sahaj Karan Singh, Advocates for GNCTD.

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 28.03.2024 (The proceeding has been conducted through Hybrid Mode) The matter has been received on transfer.

CM APPL. 17957/2024 1.

Exemption is allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(C) 4392/2024 & CM APPL. 17957/2024 3.

This is a writ petition under Article 226 of the Constitution of India, 1950, seeking inter alia the following reliefs:- "A. Allow the present writ petition and issue a writ in the nature of mandamus or any other appropriate writ, directing/ commanding the Respondents to restore the retained Registration Mark "DDZ47 and issue a No-Objection Certificate to the Petitioner for the issuance of the Registration Mark bearing Number DDZ-47". B. Allow the present writ petition and issue a writ in the nature of mandamus or any other appropriate writ, directing/ commanding The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2024 at 12:07:48

the respondent(s) to read down the Circular issued by the Transport Department, GNCTD (Respondent No.2) dated 15.02.2017 bearing No. DC/OPS/TPT/09/165-171 by excluding the petitioner from it."

4.

At the outset, Mr. Tushar Sannu, learned counsel appearing for the respondent - GNCTD submits that without entering into the merits of the matter, the present petition be treated as a representation/ appeal and be remitted for hearing before the Appellate Authority, Special Commissioner (Operations), Transport Department, for disposal in accordance with the Motor Vehicles Act, 1988 ('MV Act)' and the rules made thereunder.

5.

Learned counsel for the petitioner has no objection thereto. 6.

In view of the above, without making any observations on the merits of the matter and on the statement of learned counsel for the GNCTD, the present petition is directed to be treated as a representation/ appeal by the Appellate Authority, Special Commissioner (Operations), Transport Department and be disposed of in terms of Section 57 of the MV Act within a period of six weeks with a detailed order.

7.

An opportunity of hearing may also be afforded to the petitioner. The date, time and venue of the same be furnished to the petitioner well in advance.

8.

In view of the above directions, the present petition along with pending application is disposed of.

TUSHAR RAO GEDELA, J MARCH 28, 2024/nd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2024 at 12:07:48