Bhupendra Travels vs The State Of Madhya Pradesh
2021 Latest Caselaw 3698 MP

                                   1                              WP-13630-2021
        The High Court Of Madhya Pradesh
                   WP-13630-2021
          (BHUPENDRA TRAVELS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

1
Jabalpur, Dated : 29-07-2021
      Heard through Video Conferencing.
      Shri S.K. Pandey, learned counsel for the petitioner.
      Ms. Sanjana Sahni, learned Panel Lawyer for the State.
      Heard on the question of admission.
      By the instant petition, the petitioner is seeking a direction to

respondent No.4 to countersign the petitioner'™s temporary permit i.e.

Annexure-P-2.

The learned counsel for the petitioner submits that a similar petition has been disposed of by a coordinate Bench vide order dated 20.06.2019 i.e. W.P No.10822/2019.

The learned counsel for the petitioner has relied upon a decision passed by this Court in R.P. No.23/2010 (Secretary, State Transport Authority, Uttar Pradesh Vs. Padm Chand Gupta and others), in which, the Bench of this High Court has dealt with the similar situation as involved in

the present case observing that so far as the territorial jurisdiction of this Court is concerned, since the permits have been issued by the State Transport Authority of the Madhya Pradesh and major portion of the route is within the territorial jurisdiction of State of Madhya Pradesh, therefore, this Court has territorial jurisdiction to issue direction in favour of the petitioner. He submits that in the year 2019, the High Court has entertained the petition containing the similar circumstance and has rejected the objection on the ground that in the subsequent judgment, this Court has not considered the earlier one passed in case of Padam Chand Gupta (supra) and accordingly, the subsequent judgment is per incuriam.

Considering the order dated 13.09.2019 passed in WP No.18745/2019 by this Court, notice be issued to respondents on payment of process fee by 2 WP-13630-2021 ordinary and RAD mode.

As an interim measure, petitioner is permitted to ply his vehicles in accordance with the terms and conditions of the permit and the said vehicles shall not be stopped on the ground of non-countersigning of permit subject to the condition that the petitioner shall comply all other conditions of the permit.

Let this petition be linked with W.P. No.18745/2019 and WP No.10822/2019..

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE

shabana Digitally signed by SHABANA ANSARI Date: 2021.07.30 14:28:19 +05'30'