Mohammad Zahid Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 1976 MP

                                                                       1
                                      IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                   BEFORE
                                                     HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                          ON THE 14th OF FEBRUARY, 2022

                                                       MISC. PETITION No. 712 of 2022

                                         Between:-
                                         MOHAMMAD ZAHID KHAN S/O MOHAMMAD
                                         DADA KHAN , AGED ABOUT 45 YEARS,
                                         OCCUPATION: BUS OPERATOR H.NO.1683, B/H
                                         PANCHSHEEL GOHALPUR JABALPUR (MADHYA
                                         PRADESH)

                                                                                                          .....PETITIONER
                                         (BY SHRI ASHISH RAWAT, ADVOCATE )

                                         AND

                                 1.      THE STATE OF MADHYA PRADESH THROUGH
                                         SECRETARY DEPTT. OF TRANSPORT VALLABH
                                         BHAWAN BHOPAL (MADHYA PRADESH)

                                 2.      REGIONAL TRANSPORT AUTHORITY JABALPUR
                                         JABALPUR, M.P. (MADHYA PRADESH)

                                 3.      SECRETARY,     REGIONAL      TRANSPORT
                                         AUTHORITY/ REGIONAL TRANSPORT OFFICER
                                         JABALPUR KARMETA, JABALPUR, M.P. (MADHYA
                                         PRADESH)

                                 4.      GYANDEEP CHAKRAVARTY S/O GANESH PRASAD
                                         CHAKRAVARTY OCCUPATION: BUS OPERATOR
                                         R/O GRAM DEORIKALA BAVALIYA, NIVAS,
                                         DISTRICT MANDLA, M.P. (MADHYA PRADESH)

                                                                                                    .....RESPONDENTS
                                         (BY SHRI PRADEEP SINGH, GOVERNMENT ADVOCATE )
                                                         (Heard through Video Conferencing)
                                       This petition coming on for admission. this day, the court passed the
                                 following:
                                                                        ORDER

The petitioner has filed the petition seeking following relief:-

(i) This Hon'ble Court may kindly be pleased to issue a writ of certiorari quashed the impugned order dated 27.1.2022 passed in Revision No.4/2022 by the STAT, MP (Annexure-P-6),

(ii) To issue a writ of mandamus directing the respondent No.3 not to

Signature Not Verified continue grant temporary permit to the respondent No.4 on the route Mandla to SAN

Digitally signed by MOHD IRFAN Shahpura on his vehicle No.MP50P-1954, SIDDIQUI Date: 2022.02.15 12:45:02 IST

(iii) Any other order/relief deems fit and proper in the facts and

circumstances of the case may kindly be granted in the interest of travelling public at large.

It is pointed out that the petitioner is a regular permit holder on the route in question and his permit is valid up to 2026. The temporary permits are being

issued by the RTO. One such permits has been issued of respondent No.2 in the matter of the intervening route upto 36 kms. He was having right to file a revision challenge the aforesaid route in terms of Section 90 of the Motor Vehicles Act and judgment of the Division Bench in the case of Sheikh Mohd. Anees vs. State of M.P. and others) W.A. No.806/2019 decided on 1.7.2019 . It is submitted that Section 90, revision was filed before the authorities but the learned STAT has not considered the matter and has observed that :-

ds lanHkZ esa ijh{k.k fd;s tkus ij Hkh iz'uxr 100 fd-eh- ekxZ ds dsoy 36 fd-eh- Hkkx dks lk>k djus okys ijfeV/kkjh ds }kjk iqujh{k.k izLrqr djus dh lhfer vf/kdkfjrk

ds vkyksd esa vkyksP; vkns'k gLr{ksi dks vuqKkr fd;s tkus ds fy, Perceived

irregularity and illegal act or the conduct of the Transport Authority dh ifjf/k esa ugha gSA ifj.kker% ;g iqujh{k.k ;kfpdk eatwj fd;s tkus ;ksX; ugha gSA vr,o fujLr dh tkrh gSA It is argued that in terms of the Division Bench judgment passed subsequently in the case of Vikesh Jaiswal Vs. The Regional Transport Authority cum Regional Deputy Transport Commissioner and others, passed in W.A. No.795/2019 decided 10.12.2019 , the authority should have considered the matter on merits of the case and should not have rejected the revision holding it to be not within the purview of the authority.

Counsel appearing for the State although have tried to justify the impugned order but failed to demonstrate that whether the order passed by the Division Bench of this Court in the case of Sheikh Mohd Anees (supra) and Vikesh Jaiswal (supra) are applicable to the case of the petitioner. He fairly submits that the cases are applicable and the authority should have considered the revision and decided Signature Not Verified SAN on merits of the case in terms of judgment passed by the Division Bench of this

Digitally signed by MOHD IRFAN SIDDIQUI Court.

Date: 2022.02.15 12:45:02 IST

In such circumstances, as no order has passed by the learned STAT on merits of the case, this Court deem it appropriate to quash the impugned dated 27.1.2022 (Annexure-P-6) passed in Revision No.4/2022 by the STAT, MP and the matter is relegated back to the STAT for taking a fresh decision in terms of the order passed in the Writ Appeal by the Division Bench.

It is pointed out by the counsel appearing for the petitioner that the validity of the temporary permit is up to 28.2.2022, therefore, the authority may be directed to consider and decide the case prior to 28.2.2022.

Prayer appears to be reasonable.

As the pleadings are complete before the authority and only an order is to be passed by the authority, therefore, it expected that the authority will consider and decide the revision on or prior to 28.2.2022, after giving audience to all the effective parties.

Accordingly, this petition is disposed of. C.C. as per rules.

(VISHAL MISHRA) JUDGE irfan

Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.02.15 12:45:02 IST