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2025 DAILYLAW 95595 (ALL)

M/S TEMPO TAXI SEVA SAMITI AND ANOTHER v. STATE OF U.P AND 4 OTHERS

WRIA/14374/2025 · 2025-09-22

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14374 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. The petitioner by means of present writ petition has assailed the order dated 20.11.2023 by which the licence to run the driving school has been cancelled. 2. An objection has been raised by learned Standing Counsel that the petitioner has an alternative remedy under Rule 29 of the Central Motor Vehicles Rules, 1989 to file appeal before appropriate forum. 3. Learned counsel for the petitioner submits that the petitioner has received the impugned order dated 20.11.2023 in the month of January, 2024 but he has not explained any proper reason for the delay in filing the petition after about one year and nine months in filing the same nor there is any pleading in the writ petition explaining the delay in filing the writ petition, therefore, there is no urgency. The petitioner has alternative remedy to file appeal. 4. Accordingly, we dismiss the writ petition on the ground of alternative remedy. However, in the interest of justice and considering the fact that the petitioner's licence to run the driving school was cancelled in the year 2023, therefore, the petitioner is permitted to file appeal before appropriate forum within a period of one month from today. In case, such appeal is filed within the said period, the same shall be considered by the appellate authority on merit without raising the question of limitation. September 23, 2025 sailesh Versus Counsel for Petitioner(s) : Chandra Bhan Gupta Counsel for Respondent(s) : C.S.C. (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) M/S Tempo Taxi Seva Samiti And Another .....Petitioner(s) State Of U.P And 4 Others .....Respondent(s) Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad