Dilip Narayan Ghate vs The State Of Madhya Pradesh
2022 Latest Caselaw 12313 MP

                                                          1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          BEFORE
                                            HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                ON THE 15th OF SEPTEMBER, 2022

                                             WRIT PETITION No. 20752 of 2022

                                     BETWEEN:-
                                     DILIP NARAYAN GHATE S/O NARAYAN GHATE,
                                     AGED ABOUT 53 YEARS, OCCUPATION: BUS
                                     OPERATOR R/O KHAIRI TYAGAON TAHSIL
                                     SAUSAR    DISTRICT  CHHINDWARA,    M.P.
                                     (MADHYA PRADESH)

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

                                     AND
                                1.   THE STATE OF MADHYA PRADESH THROUGH
                                     SECRETARY    TRANSPORT   DEPARTMENT
                                     VALLABH BHAWAN BHOPAL (M.P.) (MADHYA
                                     PRADESH)

                                2.   STATE    TRANSPORT      AUTHORITY  M.P.
                                     THROUGH ITS SECRETARY SIROL, GWALIOR
                                     DISTRICT GWALIOR, M.P. (MADHYA PRADESH)

                                3.   THE STATE OF MAHARASHTRA THROUGH
                                     SECRETARY, DEPARTMENT OF TRANSPORT
                                     MANTRALAYA BANDRA, MUMBAI DISTRICT
                                     MUMBAI (MAHARASHTRA) (MAHARASHTRA)

                                4.   STATE      TRANSPORT       AUTHORITY
                                     MAHARASHTRA THROUGH ITS SECRETARY
                                     ADMINISTRATIVE    BUILDING   UDDYAN,
                                     GOVERNMENT COLONY, BANDRA EAST,
                                     MUMBAI,        DISTRICT       MUMBAI
                                     (MAHARASHTRA) (MAHARASHTRA)

                                5.   TRANSPORT COMMISSIONER MAHARASHTRA
                                     ADMINISTRATIVE BUILDING, 3RD AND 4TH
                                     FLOOR, NEAR DR. AMBEDKAR UDDYAN,
                                     GOVERNMENT COLONY, BANDRA EAST,
Signature Not Verified
  SAN                                MUMBAI,        DISTRICT       MUMABI
                                     (MAHARASHTRA) (MAHARASHTRA)
Digitally signed by AMIT JAIN
Date: 2022.09.15 20:03:51 IST

                                6.   REGIONAL TRANSPORT       OFFICER   NAGPUR
                                                           2
                                        DISTRICT    NAGPUR,                 MAHARASTRA
                                        (MAHARASHTRA)

                                                                                                 .....RESPONDENTS
                                        (STATE BY SMT.SWATI ASEEM GEORGE, PANEL LAWYER)

                                      Th is petition coming on for hearing this day, th e court passed the
                                following:
                                                                     ORDER

Petitioner has filed this petition making a prayer to issue writ of mandamus directing respondent No.4 to countersign the permit of petitioner and also to direct respondent/authority not to stop the Bus of petitioner in absence of counter signature and to take the tax online.

Learned counsel appearing for petitioner submits that Gwalior Bench in

R P No.23/2010 vide order dated 12.03.2010 has held that there is agreement between State of MP and State of UP. As per said agreement, State of MP as per quota allotted to it was authorized to issue permits for the route in question. As State Transport Authority has issued permit as per quota to State of MP and, therefore, the provisions of UP, Motor Vehicles Rules, 1988 could not be made applicable. Hence, the refusal to countersign permits by the State Transport Authority of UP is illegal. It was further ordered that in said case that major portion of routes is within territorial jurisdiction of State of MP, therefore, High Court of MP has territorial jurisdiction to issue direction to petitioner. Said order passed by learned Single Judge at Gwalior Bench, was challenged before Apex Court in Special Leave to Appeal (Civil) No.20383- 20384/2010, which was dismissed vide order dated 02.04.2014. Prayer is made to dispose of this petition in view of the aforesaid judgment. Signature Not Verified SAN In the present case, it has been stated that there is reciprocal agreement between State of Madhya Pradesh and State of Maharashtra dated 01.03.2007 Digitally signed by AMIT JAIN Date: 2022.09.15 20:03:51 IST

for operating the Buses between both States and there is a specific condition No.10, which provides that permit can be granted under Section 88 of the Motor Vehicle Act which is called concurrent permit. Reciprocal agreement is placed on record. Petitioner was granted regular permit under Section 88 of the Motor Vehicles Act for period of 6.7.2022 to 7.5.2027 and the petitioner has paid the advance tax for that period and receipt of same is placed on record.

Respondent No.4 has not countersigned the permit. Since identical issue has already been decided and order has been upheld upto the Apex Court, therefore, writ petition filed by petitioner is disposed of in the light of aforesaid order.

Respondent No.4 is directed to countersign the permit on submission of application by the petitioner if he fulfills the conditions as per reciprocal agreement between the State. Petitioner may be permitted to operate his Bus during validity period of permit over the route for which permit has been granted to petitioner on payment of all taxes and dues to respondent No.4 online.

With the aforesaid direction, the writ petition is disposed of.

(VIVEK AGARWAL) JUDGE amit

Signature Not Verified SAN

Digitally signed by AMIT JAIN Date: 2022.09.15 20:03:51 IST