Anirudh Wadhwa v. State Of NCT Of Delhi & ANR

$~56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3054/2016 & CM No.12900/2016 ANIRUDH WADHWA ..... Petitioner Through:

Mr. Satyam Thareja and Ms. Shradha Karol, Advs.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Anuj Agarwal and Mr. Arjun Mitra, Advs.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 17.05.2016 1.

The petitioner has challenged the seizure of his driving licence No. P03032007546631 by the police on 31st March, 2016. It is submitted that the petitioner has neither received any show cause notice nor any suspension order under Section 19 of Motor Vehicles Act. The petitioner is seeking a direction to the respondent to return his driving licence. It is submitted that the petitioner has not able to drive his vehicle after 31st March, 2016. 2.

Learned counsel for the respondent submits that the respondent shall follow the due process of law before suspending the petitioner's licence in terms of the principles laid down by this Court in the judgment dated 02nd May, 2016 in W.P.(C) 2076/2016 titled Ashish Gosain v. Department of Transport. It is further that the driving licence seized by the Traffic Police has been forwarded to the MLO Transport Department on 06th April, 2016. 3.

This petition and the pending application are disposed of in view of the statement made by the respondent. However, since the petitioner's licence has not yet been suspended, the petitioner would be entitled to drive till the petitioner's licence is suspended in accordance with the law. In the

event of such suspension, the period from 31st March, 2016 till today shall be considered as the period of suspension undergone. 4.

Copy of this order be given dasti to learned counsels for the parties under signature of Court Master.

J.R. MIDHA, J.

MAY 17, 2016 ak