Disposed

M/S Shree Balaji Fitness Center v. State of Rajasthan

Rajasthan HC9 Apr 2024CW/4912/2024

Case brief

AI extract

What is this about?

This court addressed a preliminary objection regarding the exhaustion of appellate remedy under Rule 29 of the Central Motor Vehicle Rules, 1989 before invoking writ jurisdiction. The court allowed the petitioner a window to file an appeal and stayed the impugned order pending its decision.

What did the court decide?

Petitioner directed to file an appeal by 16.04.2024; impugned order dated 15.03.2024 stayed until 22.04.2024 pending appeal.

M/S Shree Balaji Fitness Center Vs State of… — Writ and Judicial Review | Rajasthan HC (2024)

(1 of 2)

[2024:RJ-JD:15844]

[CW-4912/2024]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶5

S.B. Civil Writ Petition No. 4912/2024

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M/s Shree Balaji Fitness Center, N.h. 65, Near Rto Office, Jodhpur Road, Punayata, Pali Through Its One F The Partner Subhash Chandra S/o Shri Ram Chandra, Aged About 45 Years, R/o Village-Post Anandsinghpura, Tehsil Taranagar, District Churu (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through Commissioner, Transport And Road Safety Department, Government Of Rajasthan, Jaipur.

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The Registering Authority And Joint Transport Commissioner (Fitness Center), Transport And Road Safety Department, Government Of Rajasthan, Jaipur.

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The Regional Transport Officer, Pali.

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The District Transport Oficer, Pali, District Pali.

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----Respondents

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For Petitioner(s) : Mr. Jayram Saran Mr. Vivek Firoda For Respondent(s) : Ms. Anjana Jawa Mr. Mohit Chowdhary

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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09/04/2024

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Learned counsel for the respondents raises a preliminary objection that without availing the remedy of appeal as provided under Rule 29 of the Central Motor Vehicle Rules, 1989 has invoked the writ jurisdiction and thus, the writ petition liable to be dismissed on this ground.

[2024:RJ-JD:15844]

[CW-4912/2024]

(2 of 2)

Learned counsel for the petitioner submits that the petitioner may be permitted to file an appeal before the respondents and also prays that till the decision of the said appeal, a limited protection may be given to the petitioner.

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In view of the submissions made above, this Court deems it appropriate to to direct the petitioner to avail the remedy of filing an appeal before the respondents on or before 16.04.2024.

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In case, the said appeal is filed by the petitioner on or before 16.04.2024, the respondents are directed to decide the said appeal on or before 22.04.2024.

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Till the decision of the said appeal, the impugned order dated 15.03.2024 (Annexure-4) passed by Registration Authority And Joint Transport Commissioner, (Fitness Center) Jaipur shall remain stayed upto 22.04.2024.

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With the aforesaid directions, the writ petition is disposed of. Stay petition and all pending applications, if any, stand disposed of.

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(VINIT KUMAR MATHUR),J

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82-SanjayS/-

M/S Shree Balaji Fitness Center v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

M/S Shree Balaji Fitness Center v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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