Narendra Nath Tripathi vs The State Of Madhya Pradesh
2023 Latest Caselaw 14004 MP

                                                        1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 25 th OF AUGUST, 2023
                                            WRIT PETITION No. 20987 of 2023

                           BETWEEN:-
                           NARENDRA NATH TRIPATHI S/O SHRI RAM SEWAK
                           TRIPATHI, AGED ABOUT 47 YEARS, OCCUPATION:
                           TRANAPORTER R/O HOUSE NO. 1017E-1017F OLD
                           SHASHTRI NAGAR, JABALPUR (MADHYA PRADESH)

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

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

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

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

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

                           5.    TRANSPORT COMMISSIONER MAHARASHTRA
                                 MUMBAI MTNL BUILDING FOUNTAIN BUILDING,
                                 25TH FLOOR, M.G. ROAD FORT, MUMBAI
                                 DISTRICT MUMBAI (MAHARASHTRA)

                           6.    REGIONAL   TRANSPORT       OFFICER   NAGPUR
Signature Not Verified
Signed by: AMITABH
RANJAN
Signing time: 26-08-2023
12:17:34
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                                 R U R A L KAMPTEE ROAD, LAL BUILDING,
                                 INDORA,     NAGPUR,  DISTRICT NAGPUR
                                 (MAHARASHTRA)

                                                                                          .....RESPONDENTS
                           (BY SHRI SUBODH KATHAL - GOVERNMENT ADVOCATE )

                                 This petition coming on for admission this day, the 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 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

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 26-08-2023 12:17:34

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 03.01.2023 to 30.04.2027.

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.

(VIVEK AGARWAL) JUDGE Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 26-08-2023 12:17:34