Serial No. 7
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 2336/2024
CM No. 5698/2024
Ravinder Kumar
…..Appellant(s)/Petitioner(s)
Through: Mr. Ram S Chauhan, Advocate.
vs
UT of J&K and others
.…. Respondent(s)
Through: Mr. Bhanu Jasrotia, GA
Coram: RAJNESH OSWAL, JUDGE
HON’BLE MR. JUSTICE
ORDER
30.09.2024
ORAL
1. Issue notice to the respondents.
2. Mr. Bhanu Jasrotia, learned GA enters appearance and waives notice
on behalf of the respondents.
3. With the consent of appearing counsel for the parties, the matter has
been taken up for final disposal.
4. The petitioner is aggrieved of Order No. ARTO/D/2024-25/7031-39
dated 25.07.2024 issued by the respondent No. 4, whereby the driving
license of the petitioner has been suspended for a period of three
months.
5. The contention of the petitioner is that no opportunity of hearing was
afforded to the petitioner before passing the order dated 25.07.2024 in
terms of Section 19 of the Motor Vehicle Act, though in the final
order, it has been mentioned that notice was issued to the petitioner.
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CM No. 5698/2024
6. It is submitted by the learned counsel for the petitioner that final order
dated 25.07.2024 and show cause notice dated 08.07.2024 were served
together upon the petitioner only on 14.08.2024.
7. At this stage, learned counsel for the petitioner very fairly submits that
the order issued by the respondent No. 4 is an appealable order in
terms of Section 19 (3) of the Motor Vehicle Act.
8. In view of this, the present petition is disposed of by permitting the
petitioner to file statutory appeal before the respondent No. 2 within a
period of seven days from today and in the event any such appeal is
filed, the respondent No. 2 shall make an endeavour to dispose of the
appeal within a period of one month from the date of filing of the
appeal.
9. Disposed of along with the connected application.
(RAJNESH OSWAL)
JUDGE
Jammu
30.09.2024
Sahil Padha
Whether the order is speaking: Yes/No.
Whether the order is reportable: Yes/No.
Sahil Padha
2024.09.30 17:53
I attest to the accuracy and
integrity of this document