IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.3972/10 Smt. Suliendra & Anr. Versus State Transport Appellate Tribunal & Ors. DATE OF ORDER : 23/03/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Satish Khandelwal, for petitioner ***
Against the order dt.25th March, 2009, the petitioner has preferred appeal before State Transport Appellate Tribunal [STAT] u/s.89 of Motor Vehicles Act, 1988 along with application for interim relief u/s.214. The appeal has been entertained and which is coming up before the Tribunal on 21st April, 2010. Pending appeal, he has approached this Court by filing instant petition.
Grievance of the petitioner is that his rights may be protected till his application for interim relief is being considered by the Tribunal.
Submission made by Counsel is without substance for the reason that once appeal has been preferred along with application for interim relief, it is always open for the petitioner to make submission for grant of interim relief as prayed for in the pending appeal and merely because the matter has been fixed before Tribunal on 21st April, 2010, it will not infringe the legal rights of the petitioner in approaching this Court U/Art.226 of the Constitution of India.
Consequently, writ petition is devoid of merit and the same stands dismissed.
[AJAY RASTOGI], J.
FRBOHRA/p.2/
3972CW10 23-03.doc