The Madhya Pradesh High Court has directed the state Transport Department to decide the application of the petitioner for grant of permit within a period of one month.
The facts of the case is that the vehicle of the petitioner was registered prior to the date of issuance of notifications dated 24.11.2020 and 28.12.2015 . The permit is not being issued to the petitioner.
Petitioner Neelam Singh Bais , through her Counsel Ashish Rawat, submitted that provisions of the notifications, would not be applicable to vehicles registered prior to the date of notifications. The issue involved in the present case has already been decided by this Court in W.P. No.13320/2019 (Pankaj Gupta and others Vs. State of M.P.), accordingly, the petitioner’s case may also be decided in the same manner , claimed the Petitioner.
The single-judge bench of Justice Sanjay Dwivedi, while considering the submission and also the order passed in case of Pankaj Gupta (supra), in which, it is categorically held by this Court that the notifications are prospective and would not be applicable to the vehicles registered prior to date of such notifications, observed that the notification dated 28.12.2015 specifically contained the provision i.e. sub-rule (1-b), which excludes the vehicles registered before coming into force of the notifications.
Therefore, the Court ordered that the petition is disposed of directing the Madhya Pradesh Transport Department to consider and decide the application of the petitioner for grant of permit, without applying the provisions of the notifications dated 24.11.2020 and also 28.12.2015 within a period of one month from the date of receipt of certified copy of this order.
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