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Neutral Citation No. - 2025:AHC:132672-DB Court No. - 40 Case :- WRIT - A No. - 9641 of 2025 Petitioner :- Hridesh Pathak Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard learned counsel for the petitioner and Sri V.K. Dixit, learned Additional Chief Standing Counsel for the State.
2. Present petition has been filed for the following relief:
"I. Issue a writ, order or direction in the nature of certiorari quashing the order dated 30.08.2022 passed by Assistant Divisional Transport Officer (Administration) Prayagraj/Respondent no.3 by which the registration of vehicle No. UP70GT0487 in chassis no.MB1BPEH9DFAAK6508 under section 53 of M.V. Act has been illegally suspended. II. Issue a writ, order or direction in the nature of mandamus direct the Assistant Divisional Transport Officer (Administration) Prayagraj /respondent no.3 to delete the chassis no.MB1BPEH9DPAAK6508 of vehicle No. UP70GT0487 from online records and upload the correct earlier chassis no.MB1BPEH9DFAAK6508 in place of chassis no. MB1BPEH9DPAAK6508 in the vehicle No.UP70GT0487.
3. Sri V.K. Dixit, learned Additional Chief Standing Counsel has submitted that there is statutory appeal under Section 57 of the Motor Vehicles Act, 1988 and therefore, the writ petition, at this stage, is not maintainable. Since, there is statutory appeal under Section 57 of the Motor Vehicles Act, 1988 against the impugned order, therefore, writ petition is dismissed on the ground of alternative remedy.
4. It is further provided that in case the petitioner prefers an appeal against the impugned order within a period of one month from today, the appellate authority shall consider and decide the appeal on merits without entering into the question of limitation. Order Date :- 6.8.2025 S.Chaurasia (Arun Kumar Singh Deshwal, J.) (Saral Srivastava,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad