The petitioner challenged the cancellation of his permit, alleging violation of Section 84 of the Motor Vehicles Act, 1988 due to lack of hearing. The court noted no averment of service of the show-cause notice and dismissed the writ petition as devoid of merits.
Petition dismissed; remedy of appeal available.
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Court No. - 39
Case :- WRIT - A No. - 3416 of 2021
Petitioner :- Madhav Pratap Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- B.S. Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
A perusal of the record indicates that a show-cause notice dated 11.02.2020 had been issued to the petitioner calling upon him to deposit the amount agreed between the parties.
The challenge is to the order dated 09.06.2020 of cancellation of permit granted to the petitioner with the assertion that no opportunity of hearing had been granted to the petitioner and the order of cancellation is in violation of Section 84 of the Motor Vehicles Act, 1988.
In none of the paragraphs of the writ petition, the petitioner has disclosed as to when the show-cause notice dated 11.02.2020, which is appended at page no.'27' of the paper book, had been served upon the petitioner.
In absence of any such averment, the assertion of non providing of opportunity of hearing cannot be accepted.
It is open for the petitioner to file an appeal against the order of cancellation of permit.
The writ petition is, thus, found devoid of merits and hence dismissed .
Order Date :- 18.3.2021 P Kesari
2 issues framed by the court
Whether the cancellation of the permit violated Section 84 of the Motor Vehicles Act, 1988 due to lack of opportunity of hearing.
Whether the issue of non-service of the show-cause notice remains open for the petitioner to allege.
1 provisions across 1 enactments
Madhav Pratap Yadav
State Of U.P.
Sunita Agarwal
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
