Nirendra Singh Chouhan vs The State Of Madhya Pradesh
2023 Latest Caselaw 12320 MP

                                                       1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                            ON THE 2 nd OF AUGUST, 2023
                                          WRIT PETITION No. 18967 of 2023

                           BETWEEN:-
                           NIRENDRA SINGH CHOUHAN S/O GHANSHYAM SINGH
                           CHOUHAN, AGED ABOUT 48 YEARS, OCCUPATION: BUS
                           OPERATOR P.O. AMBADA TAHSIL PANDHURNA
                           DISTRICT CHHINDWARA (MADHYA PRADESH)

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

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

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

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

                           4.    STATE TRANSPORT AUTHORITY MAHARASHTRA
                                 THROUGH ITS SECRETARY ADMINISTRATIVE
                                 BUILDING 3RD AND 4TH FLOOR, NEAR DR.
                                 AMBEDKAR UDDYAN, GOVERNMENT COLONY,
                                 BANDRA EAST, MUMBAI DISTRICT MUMBAI
                                 (MAHARASHTRA)

                           5.    TRANSPORT COMMISSIONER MAHARASHTRA
                                 MTNL BUILDING, FOUNTAIN BUILDING-2, 5TH
                                 FLOOR, MG ROAD FORT MUMBAI DISTRICT
                                 MUMBAI (MAHARASHTRA)

                           6.    REGIONAL TRANSPORT OFFICER      NAGPUR
                                 DISTRICT NAGPUR (MAHARASHTRA)
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 03-08-2023
19:36:06
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                                                                                          .....RESPONDENTS
                           (RESPONDENTS/STATE BY SHRI SUBODH KATHAR - GOVERNMENT
                           ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

The petitioner has filed this petition making a prayer to issue writ of mandamus directing respondent No.4 to countersign the regular permits of petitioner and also to direct respondents not to stop 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, hence, Provisions of UP, Motor Vehicles Rules, 1988 could not be made applicable. Hence, the refusal to counter sign 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. In view of aforesaid judgment, counsel for petitioner made a request for disposal of writ petition.

I n present writ petition, it has been stated that there is reciprocal agreement between State of Madhya Pradesh and State of Maharashtra dated 01.03.2007 for operating the Buses between both States and there is a specific Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 03-08-2023 19:36:06

condition No.10 which provides that permit can be granted under Section 88(7) of the Motor Vehicle Act which is called concurrent permit. Petitioner was granted temporary permit under Section 88(7) of the Motor Vehicle Act for period of 11.05.2023 to 31.08.2023.

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

Respondent No.4 is directed to counter sign the permit on submission of application by petitioner if petitioner fulfills the conditions as per reciprocal agreement between States. Petitioner may be permitted to operate his Buses 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 ks

Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 03-08-2023 19:36:06