Ayyub Khan vs The State Of Madhya Pradesh
2023 Latest Caselaw 13463 MP

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                          IN   THE    HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                 BEFORE
                                   HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                         ON THE 18 th OF AUGUST, 2023
                                        WRIT PETITION No. 20503 of 2023

                    BETWEEN:-
                    AYYUB KHAN S/O HABIB KHAN, AGED ABOUT 42 YEARS,
                    OCCUPATION: BUS OPERATOR R/O WARD NO. 31, GOLEGANJ, IN
                    FRONT OF K.K. DISPOSAL, SEONI (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
                          S E C R E TA R Y 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 M AHAR ASHTR A MTNL
                          BUILDING, FOUNTAIN BUILDING-2, 5TH FLOOR, MG ROAD
                          FORT, MUMBAI DISTRICT MUMBAI (MAHARASHTRA)

                    6.    REGIONAL TRANSPORT OFFICER        NAGPUR DISTRICT
                          NAGPUR (MAHARASHTRA)

                                                                              .....RESPONDENTS
                    (BY SHRI JITENDRA SHRIVASTAVA - PANEL LAWYER FOR THE STATE)

Signature Not Verified
Signed by: MOHD TABISH
KHAN
Signing time: 8/22/2023
11:47:29 AM
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                          This petition coming on for admission this day, the 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 regular permits of petitioner and also to direct respondent not to stop Bus of petitioner in absence of counter signature and to take the tax online.

Learned counsel appearing for petitioner submitted that Gwalior Bench in RP 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 Bus 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. Reciprocal agreement is placed on record as Annexure-P/1. Petitioner was granted temporary permit under Section 88(7) of the Motor Vehicle Act for period of 04.05.2023 to 31.08.2023 and petitioner has paid the advance tax for that Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 8/22/2023 11:47:29 AM

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 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 fulfill the conditions as per reciprocal agreement between 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 o

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified Signed by: MOHD TABISH KHAN Signing time: 8/22/2023 11:47:29 AM