High CourtsSingle Bench(1999) 11 MP CK 0018

Mankuradevi and Others vs Rakesh and Others

Madhya Pradesh High Court · Decided on 17 November 1999 · Citation: (2000) 1 ACC 533

HON’BLE JUDGES
Faizanuddin, J

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Judgment

6 paragraphs · 228 words

Fakhruddin, J.—By the impugned order the Trial Court has directed issuance of Commission for examining the Licensing Authority/R.T.O., Meerut to ascertain as to whether the driving licence said to be issued to Rakesh s/o Gangacharan has been validly issued. Learned Counsel for the applicants contended that the Commission ought not to have been issued.

2.

Having considered the facts and circumstances and the material on record, in the opinion of this Court there is no infirmity in the issuance of the Commission in this case. Learned Counsel contended that the Commission has been issued for examination of the Licensing Authority/R.T.O. or the concerned official. 11 is contended that the "concerned official" is a very vague term and the applicants should specify as to whom they want to examine.

3.

Having heard learned Counsel, in the opinion of this Court it is just and proper to direct that the Commission should examine the Licensing Authority/R.T.O., and in case he is not available, then the Custodian of the records of the office of the Licensing Authority/R.T.O. who is able to answer all the questions.

4.

It is then contended that the fees of Rs. 400/- is quite meagre. Under the circumstances, it is enhanced to Rs. 1,000/-.

5.

In view of what has been stated above this revision is disposed of. Costs to abide the result.

C.C. as per rules.