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Arun Kumar Lakhani Vs State of Odisha — Service and Employment | Orissa HC (2022)

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Orissa HC
2022
Arun Kumar Lakhani Vs State of OdishaArun Kumar Lakhani v. State of Odisha

Dismissed

Arun Kumar Lakhani v. State of Odisha

Orissa HC10 Nov 2022WP(C)/27399/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought renewal of a special route permit for a vehicle. The respondent argued no provision exists in the Motor Vehicle Act for such renewal. The High Court agreed, disposing of the petition and observing the petitioner may apply for a fresh permit.

What did the court decide?

The writ petition was disposed of with an observation that the petitioner may seek a fresh special route permit in accordance with law.

What the court decided

AI extract

Outcome

The writ petition was disposed of with an observation that the petitioner may seek a fresh special route permit in accordance with law.

Issue for consideration

Whether a writ petition regarding renewal of a special route permit is maintainable in the absence of a provision under the Motor Vehicle Act and Rules. +1 more

Detailed headnote1 paragraphs

The High Court disposed of a writ petition seeking renewal of a special route permit. Ruling that there is no provision under the Motor Vehicle Act and Rules for the renewal of such permits, the Court held no purpose would be served by keeping the matter pending. The petitioner is advised to seek a fresh permit.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 27399 of 2022

Arun Kumar Lakhani

…. Petitioner None

-versus-

State of Odisha and another

…. Opp. Parties Mr. Pravakar Behera,

Standing Counsel, Transport Department

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

10.11.2022

This matter is taken up through Hybrid mode.

None appears for the Petitioner at the time of call.

The writ petition has been filed for a direction to Opposite Parties to consider the application of the Petitioner regarding renewal of the special route permit granted in favour of the Petitioner in respect of vehicle bearing registration No.OD-22-L-7383 on the same route and time as approved by the authority earlier.

Mr. Behera, learned Standing Counsel for Transport submits that there is no provision under the Motor Vehicle Act and Rules for renewal of special route permit. It is granted in respect of a vehicle for a particular period specifying the date and route details. In that view of the matter the writ petition is not maintainable.

Page 1 of 2

// 2 //

Since there is no provision under the MV Act and Rules framed there under regarding special route permit no purpose will be served by keeping the matter pending.

Accordingly, the writ petition is disposed of with an observation that the Petitioner, if so advised, may seek for a fresh special route permit in accordance with law.

Issue urgent certified copy of the Order on proper application.

(K.R. Mohapatra)

s.s.satapathy

Judge

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether a writ petition regarding renewal of a special route permit is maintainable in the absence of a provision under the Motor Vehicle Act and Rules.
2.
Whether the writ petition should be disposed of given the lack of statutory provision for renewal of special route permits.

Statutes considered

1 provisions across 1 enactments

AI extract

Motor Vehicle ActMotor Vehicle Act and Rules

Parties & counsel

AI extract

petitioner
Arun Kumar Lakhani
respondent
State of Odisha

Coram

AI extract

K.R. Mohapatra

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 10 Nov 2022 · November
Registered: 17 Oct 2022
Case no.: WP(C)/27399/2022
CNR: ODHC010700992022
Topic: Service and Employment
Bench: K.r.mohapatra
Disposal: Disposed Off

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Cite this judgement

Arun Kumar Lakhani v. State of Odisha, WP(C)/27399/2022 (OD), decided on 10 November 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Motor Vehicle ActMotor Vehicle Act and Rules

View all statutes

Bench / Coram

K.R. Mohapatra

Parties & counsel