M/S Anmol Motors v. State Of Haryana And Others

In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No. 5678 of 2021 Date of Decision: 31.03.2021 M/s Anmol Motors ... Petitioner(s)

Versus

State of Haryana and Others ... Respondent(s) CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Nonish Kumar, Advocate for the petitioner.

Ms. Kirti Singh, Deputy Advocate General, Haryana, for the respondents.

Anil Kshetarpal, J.

Ms. Kirti Singh, Deputy Advocate General, Haryana, at the outset, has pointed out that the order under challenge is appealable under Section 89 of the Motor Vehicles Act, 1988.

Mr. Nonish Kumar, Advocate, representing the petitioner, has stated that no appeal is maintainable in view of the bar under Section 103(2) of the Motor Vehicles Act, 1988.

In the present case, the application, submitted by the petitioner for grant of temporary permit, has been rejected on the ground that the bus purchased by the petitioner does not have an adequate seating capacity, as required.

Since Ms. Kirti Singh, Deputy Advocate General, Haryana, has made a statement that the appeal is maintainable, it is considered appropriate to direct the petitioner to file an appeal before the competent authority, who DEEPAK KUMAR BHARDWAJ 2021.03.31 17:04 I attest to the accuracy and integrity of this document

Civil Writ Petition No. 5678 of 2021 is expected to decide the same in accordance with law after granting an opportunity of hearing to the petitioner, within a period of two months from today.

With the observations made above, this writ petition is disposed of.

(Anil Kshetarpal) Judge March 31, 2021 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No DEEPAK KUMAR BHARDWAJ 2021.03.31 17:04 I attest to the accuracy and integrity of this document