Writ Appeal Nos. 554, 559 and 560 of 2007. Case: Appellate Authority/Transport Commissioner and Others Vs Divisional Manager, M.P. Rajya Parfvahan Nigam. High Court of Madhya Pradesh (India)
| Case Number | Writ Appeal Nos. 554, 559 and 560 of 2007 |
| Counsel | For Appellant: S.B. Mishra, Additional Advocate General and Vivek Khedkar, Government Advocates. and For Respondents: M.C. Gupta and R.D. Agrawal, Advs. |
| Judges | A.K. Gohil and Sheela Khanna, JJ. |
| Issue | General Clauses Act 1897 - Section 6; Madhya Pradesh General Clauses Act, 1957 - Section 10; Madhya Pradesh Uchcha Nyayalaya (khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 - Section 2(i) |
| Citation | 2008 (1) MPLJ 294 |
| Judgement Date | November 01, 2007 |
| Court | High Court of Madhya Pradesh (India) |
Judgment:
Abhay Gohil, J., (Gwalior Bench)
This order shall govern the disposal of W.A. Nos. 554/07, 559/07 and 560/07 as they arise out of the orders passed on common grounds as common question of law is involved in all these three appeals.
State has filed all these Writ Appeals under Section 2(i) of Madhya Pradesh Uchcha Nyalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order passed in W.P. No. 2563/07 on 31-7-2007, in W.P. No. 542/07 on 25-4-2007 and in W.P. No. 1504/07 on 1-5-2007.
The brief facts of the case are that the Respondent M.P. Rajya Parivahan Nigam is engaged in running the transport business. The bus involved in W.A. No. 554/07 was checked and seized on 9-5-2006 and fine was imposed on 15-5-2006 under the provisions of Madhya Pradesh Motoryaan Karadhan Adhiniyam, 1991. The amount of fine was deposited on 16-5-2006, against which an appeal was filed before the Appellate Authority i.e. Transport Commissioner, Gwalior and by the order dated 28-3-2007 appeal was dismissed, against which Writ Petition was filed and by order dated 31-7-2007 Writ Petition has been allowed.
In W.A. No. 559/07, the vehicle was checked and seized on 9-9-2005 and the fine was imposed under the provisions of Madhya Pradesh Motoryaan Karadhan Adhiniyam, 1991. The amount of fine was deposited on 9-9-2005, against which an appeal was filed before the Appellate Authority i.e. Transport Commissioner, Gwalior and the same was decided on 4-4-2006, against which Writ Petition was filed and by order dated 25-4-2007 Writ Court allowed the Writ Petition.
In W.A. No. 560/07, the vehicle was checked and seized on 29-10-2005 and fine was imposed under the provisions of Madhya Pradesh Motoryaan Karadhan Adhiniyam, 1991. The amount of fine was deposited on 29-10-2005, against which an appeal was filed before the Appellate Authority i.e. Transport Commissioner, Gwalior and by the order dated 6-2-2007 appeal was dismissed, against which Writ Petition was filed and by order dated 1/5/2007 Writ Petition has been allowed.
There is no dispute that there was amendment in the year 2004 in Madhya Pradesh Motoryaan Karadhan Adhiniyam of 25 of 1992 and explanation 7 as amended by Adhiniyam 2004 was added and by amendment No. 1 of 2005 the rate of tax was increased from Rs. 1000 to Rs. 1500/- per seat, in which the number of passengers were found more than the permitted capacity or the vehicle was plying without permit.
In the case of Hardeo Motor Transport v. State of M.P., AIR 2007 SC 839, the Hon'ble Supreme Court declared the Clause (g) of Entry IV of the First Schedule of the Madhya Pradesh Motoryan Karadhan Adhiniyam, 1991 as amended by Madhya Pradesh Motoryan Sansodhan Adhiniyam, 2004 read with Explanation (7) of the First Schedule as unconstitutional. The aforesaid judgment was brought into the notice of the learned Writ Court in all the aforesaid three Writ Petitions and the learned Writ...
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