Pranay Verma, J
1. In the instant petition filed under Article 226 of the Constitution of India, the petitioner is challenging the order dated 14.03.2024 issued by respondent No.3 whereby the application filed by petitioner for replacement of Bus vehicle No.MP-09-FA-0781 having seating capacity 36 2 covered by a regular stage carriage permit No.07/99 Dhar proposed M.P.-09-FA-2754 being a seating capacity 36.
2. Counsel for the petitioner submits that since the State Transport Appellate Tribunal (hereinafter referred as STAT) is not functioning, the petitioner has no remedy, but to invoke the jurisdiction of this Court under Article 226 of the Constitution of India.
3. Counsel for the petitioner further submits that the respondent No.3 has erred while rejecting the application of the petitioner for replacement of the vehicle only on the ground of seating capacity of the vehicle. He submits that as per the provisions of Section 83 of the Motor Vehicles Act, 1988, the holder of a permit may, with the permission of the authority by which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same nature. The Rule 84 of Madhya Pradesh Motor Vehicle Rules enumerates the grounds for rejection of the application for replacement. The ground of seating capacity is not a ground for rejection of application for replacement. In support of his submission, he has placed reliance on an order passed by STAT, Gwalior dated 27.12.2022 in the case of Prakash Chand Jain vs. RTA, Indore (Appeal No.123/2022).
4. After hearing learned counsel for the parties and considering the aforesaid provisions of Section 83 and Rule 84 of MP Motor Vehicle Rules, and the order of STAT dated 27.12.2022, the impugned order dated 14.03.2024 passed by respondent No.3 is set aside. The respondent No.3 is directed to decide the matter afresh keeping in view the aforesaid provisions of the Act and Rules and also the order passed by STAT dated 27.12.2022 within a period of one month from the date of filing of the copy of the order.
5. With the aforesaid, the petition is allowed and disposed off.
