Sharad Wagadre vs The State Of Madhya Pradesh
2023 Latest Caselaw 1227 MP

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                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                            ON THE 20 th OF JANUARY, 2023
                                            WRIT PETITION No. 438 of 2023

                           BETWEEN:-
                           SHARAD WAGADRE S/O LATE SHRI K.D. WAGADRE,
                           AGED ABOUT 57 YEARS, OCCUPATION: BUSINESS
                           KOTHI BAZAR BETUL (MADHYA PRADESH)

                                                                              .....PETITIONER
                           (BY SHRI KUNAL THAKRE, ADVOCATE)

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

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

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

                           4.    STATE    TRANSPORT    AUTHORITY    OF
                                 MAHARASHTRA THROUGH ITS SECRETARY
                                 ADMIISTRATIVE     BUILDING GOVERNMENT
                                 COLONY     BANDRA     EAST     MUMBAI
                                 (MAHARASHTRA)

                           5.    REGIONAL TRANSPORT OFFICER NAGPUR
                                 OFFICE OF RTO OFFICE OF RTO NAGPUR
                                 GRAMIN INDORA RED GODOWN NO. 9 TEKA
                                 NAKA KAMPTEE    RAOD  NAGPUR   440014
                                 (MAHARASHTRA)

                                                                            .....RESPONDENTS
                           (BY SHRI G. P. SINGH, GOVT. ADVOCATE)

Signature Not Verified
Signed by: MONSI M SIMON
Signing time: 1/24/2023
10:20:44 AM
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                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

Petitioner has filed this petition making a prayer to issue writ of mandamus directing respondent No.4 to counter sign the permit 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 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. Reciprocal Signature Not Verified Signed by: MONSI M SIMON Signing time: 1/24/2023 10:20:44 AM

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 01.01.2023 to 30.04.2023 and petitioner has paid the advance tax for that period and receipt of same is placed on record.

Respondent No.4 has not counter sign 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 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 aforesaid direction, writ petition is disposed off.

(VISHAL DHAGAT) JUDGE mms

Signature Not Verified Signed by: MONSI M SIMON Signing time: 1/24/2023 10:20:44 AM