MOHSINKHAN BISMILLAHKHAN BIHARIversusSTATE OF GUJARAT

     C/SCA/6202/2026                                JUDGMENT DATED: 06/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 6202 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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            Approved for Reporting                 Yes          No
                                                                ✔
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                       MOHSINKHAN BISMILLAHKHAN BIHARI
                                    Versus
                          STATE OF GUJARAT & ANR.
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Appearance:
MR NK MAJMUDAR(430) for the Petitioner(s) No. 1
MR NIKUNJ KANARA, ASST. GOVERNMENT PLEADER for the
Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                               Date : 06/05/2026

                                 JUDGMENT


1.      RULE returnable forthwith. Learned Assistant Government
Pleader Mr. Nikunj Kanara, waives service of notice of Rule for and on
behalf of the respondents.


2.      With the consent of the learned counsels for the parties, the
matter is taken up for final hearing and disposal.


3.      By way of present petition under Article 226 of the Constitution
of India read with the provisions of the Motor Vehicles Act and Rules
framed thereunder, petitioner has prayed for the following reliefs :




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        “(A) Be pleased to admit / allow this Petition;

        (B) Be pleased to issue appropriate writ, order or directions and be pleased
        to quash and set aside the action and decision of the concerned respondent
        authorities of not granting of not considering the request of the petitioner
        to grant permission/State permit/National permit and fitness certificate to
        enable the petitioner to use the Truck No. GJ-08-AW-3494 for transportation
        business, in the interest of justice;

        (C) Be pleased to issue appropriate writ, order and/or directions and be
        pleased to direct the concerned respondent authorities to consider the
        application of the petitioner and to pass appropriate order for granting
        State permit/National permit and fitness certificate to the petitioner, as per
        the rules and regulations published under the provisions of the Motor
        Vehicles Act and that too subject to compliance of all such rules and
        regulations and the respondent authorities may kindly be directed to
        consider the request of the petitioner for granting State permit/National
        permit for enabling the petitioner to ply to use the Truck No. GJ-08-AW-
        3494 for transportation purpose, in the interest of justice;

        (D) Be pleased to issue appropriate writ, order and/or directions and be
        pleased to direct the concerned respondent authorities to consider /decide
        the application / representation dated 24.02.2026 preferred by the
        petitioner (Annexure-G), after granting an opportunity of hearing to the
        petitioner, as expeditiously as possible, in the interest of justice;

        (E) Be pleased to grant interim relief and by way of interim order be
        pleased to direct the concerned respondent authorities to consider / decide
        the representation dated 24.02.2026 preferred by the petitioner (Annexure-
        G), after granting an opportunity of hearing to the petitioner, as
        expeditiously as possible, pending admission, hearing and final disposal of
        the present petition;

        (F) Be pleased to pass such other and further orders as thought fit in the
        interest of justice.”


4.      It is the case of the petitioner that, Tata heavy vehicle truck was
entered in the name of one Goparam Pancharam, having address at:
Arnay teh, Sanhore, Dist.; Jaor, State of Rajasthan, having Registration
No. RJ-46-GA-3720. That, one Anvarkhan Nazirkhan Makrani, resident
of Swarupganj, Dist.: Sirohi, State of Rajasthan had taken over the
aforesaid Truck for transportation business from erstwhile owner, viz.
Goparam Pancharam and said Anvarkhan N. Makrani had executed a
Deed dated 22.05.2023, by which the said Truck was handed over to



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the petitioner. That, the State Transport Department, Bhinmal D.T.O.,
State of Rajasthan had also issued No Objection Certificate dated
21.08.2023 and ultimately, the said truck came to be transferred and
registered in the name of the petitioner in the ofÏce of the respondent
authority and the said truck was given new registration number as GJ-
08-AW-3494. That, the petitioner had already availed financial facility
from one financier, i.e. Indostar Capital Finance Ltd. and is making
payment of Rs.58,800/- per month. That, the petitioner preferred an
application dated 24.02.2026 before the concerned respondent
authorities, however, the respondent authorities have not issued any
written order / written communication, till date.


5.      Being aggrieved and dissatisfied with the action and inaction on
the part of the respondent authorities, present petition is preferred.


6.      Heard learned counsel appearing for the respective parties.


7.      Learned counsel for the petitioner has submitted that the
application made by the petitioner before the concerned respondent
authority is pending since long and till date the same has not been
decided by the respondent authority and therefore, leaned counsel for
the petitioner has urged that the present petition be allowed and the
respondent authority be directed to decide the application made by
the petitioner within a stipulated time period.


8.      Learned AGP Mr. Kanara, appearing on behalf of the respondent
authorities, has submitted that the application is pending since long
and therefore, this Court may pass appropriate orders to decide the
same within a stipulated time period.



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9.         I have heard the learned counsel appearing for the respective
parties and perused the material placed on record. Considering the
submissions canvassed by both the sides and considering the facts of
the case, the concerned respondent authority is hereby directed to
decide the application dated 24.02.2026 made by the present
petitioner as expeditiously as possible, preferably within a period of
two weeks from the date of receipt of writ of this Order, in
accordance with law.


10.        With the aforesaid direction, the present petition is disposed of
Rule is discharged. There shall be no order as to costs. It is, however,
observed that this Court has not entered into the merits of the matter
           Direct service is permitted.



                                                                   (HEMANT M. PRACHCHHAK,J)

Dolly




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DOLLYBEN CHETANBHAI VADUKAR(HC01392), PRIVATE SECRETARY, at High Court of Gujarat on 07/05/2026 18:11:05


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