Najim Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 12321 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. 18158 of 2023

                           BETWEEN:-
                           NAJIM KHAN S/O SHRI JAHIR KHAN, AGED ABOUT 35
                           YEARS, OCCUPATION: BUS OPERATOR R/O WARD NO.
                           7,   NEW    COLONY,    JUNNARDEO,    DISTRICT
                           CHHINDWARA (MADHYA PRADESH)

                                                                              .....PETITIONER
                           (BY SHRI BRAJESH KUMAR DUBEY - ADVOCATE)

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

                           2.    THE STATE TRANSPORT AUTHORITY OF MADHYA
                                 PR AD ES H THROUGH ITS SECRETARY HURA
                                 HILLS SIROL GWALIOR (MADHYA PRADESH)

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

                           4.    THE    STATE     TRANSPORT  AUTHORITY
                                 M AHAR AS HTR A THROUGH ITS SECRETARY
                                 ADMINISTRATIVE BUILDING GOVERNMENT
                                 COLONY BANDRA (EAST) MUMBAI M.H.
                                 (MAHARASHTRA)

                           5.    THE REGIONAL TRANSPORT OFFICER THE STATE
                                 OF MADHYA PRADESH OFFICE OF RTO NAGPUR
                                 GRAMIN INDORA RED GODOWN NO 9, TEKA
                                 NAKA, KAMPTEE ROAD (MAHARASHTRA)

                                                                            .....RESPONDENTS
                           (STATE BY SHRI SUBODH KATHAR - GOVERNMENT ADVOCATE)

Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 03-08-2023
19:36:06
                                                                2
                                 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 Buses 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 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 Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 03-08-2023 19:36:06

granted temporary permit under Section 88(7) of the Motor Vehicle Act for period of 07.07.2023 to 31.10.2023.

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