Parvinder Bhatiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 13259 MP

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                            ON THE 16 th OF AUGUST, 2023
                                           WRIT PETITION No. 20086 of 2023

                           BETWEEN:-
                           1.    PARVINDER BHATIYA S/O SHRI AMLOK SINGH
                                 BHATIYA, AGED ABOUT 33 YEARS, OCCUPATION:
                                 BUS OPERATOR MAIN ROAD VILLAGE ZIRNIYA
                                 KHARGONE DISTRICT KHARGONE AT PRESENT
                                 ADDRESS NEAR NEW BUS STAND BURHANPUR
                                 DISTRICT BURHANPUR (MADHYA PRADESH)

                           2.    BALWINDER SINGH S/O SHRI KHAJAAN SINGH,
                                 AGED ABOUT 45 YEARS, R/O WARD NO 11
                                 TILIKHALA JHIRNIYA KHARGAON DISTRICT
                                 KHARGAON AT PRESENT ADDRESS NEAR NEW
                                 BUS STAND BURHANPUR DISTRICT BURHANPUR
                                 (MADHYA PRADESH)

                           3.    SUNNY BHATIYA S/O RANJEET SINGH BHATIYA,
                                 AGED ABOUT 34 YEARS, OCCUPATION: BUS
                                 OPERATOR    R/O    TILLIKHALA   JHIRNIYA
                                 KHARGONE DISTRICT KHARGAON AT PRESENT
                                 ADDRESS NEAR NEW BUS STAND BURHANPUR
                                 DISTRICT BURHANPUR (MADHYA PRADESH)

                                                                             .....PETITIONERS
                           (BY SHRI SUBODH PANDEY - ADOVCATE )

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

                           2.    STATE TRANSPORT AUTHORITY THROUGH ITS
                                 SECRETARY SIROL HILLS GWALIOR (MADHYA
                                 PRADESH)

                           3.    STATE    OF     MAHARASHTRA THROUGH
                                 SECRETARY DEPARTMENT OF TRANSPORT
                                 MANTRALAYA      BANDRA       MUMBAI
Signature Not Verified
                                 (MAHARASHTRA)
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 18-08-2023
20:43:10
                                                                2

                           4.    STATE TRANSPORT AUTHORITY MAHARASHTRA
                                 THROUGH ITS SECRETARY, MTNL BUILDING
                                 NEAR FOUNTAIN CHOWK MUMBAI MUMBAI
                                 (MAHARASHTRA)

                           5.    TRANSPORT      COMMISSIONER        OF
                                 MAHARASHTRA MUMBAI 5TH FLOOR FOUNTAIN
                                 TELECOM BUILDING 2 M.G. ROAD MUMBAI
                                 (MAHARASHTRA)

                           6.    DEKUTY RAGIONAL TRANSPORT                   OFFICER
                                 JALGAON JALGAON (MAHARASHTRA)

                           7.    INCHARGE BOARDER    CHECKPOST KARKI
                                 MUKTAI NAGAR JALGAON DISTRICT JALGAON
                                 (MAHARASHTRA)

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

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

The petitioners have filed this petition making a prayer to issue writ of mandamus directing respondent No.4 to countersign the permits of petitioners and also to direct respondents not to stop Buses of petitioners 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 Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 18-08-2023 20:43:10

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 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 petitioners is disposed off in light of aforesaid order.

Respondent No.4 is directed to counter sign the permit on submission of applications by petitioners, if petitioners fulfill the conditions as per reciprocal agreement between States. Petitioners may be permitted to operate their Buses

during validity period of permit over the route for which permits have been granted to petitioners on payment of all taxes and dues to respondent No.4 online.

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

Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 18-08-2023 20:43:10

(VIVEK AGARWAL) JUDGE ks

Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 18-08-2023 20:43:10