Maharana Pratap Raod Transport ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 17412 MP

                                                       1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                           ON THE 17 th OF OCTOBER, 2023
                                          WRIT PETITION No. 26190 of 2023

                           BETWEEN:-
                           MAHARANA PRATAP RAOD TRANSPORT COMPANY
                           THR CHANDRABHAN THAKUR S/O CHAND THAKUR,
                           AGED ABOUT 65 YEARS, OCCUPATION: BUS OPERATOR
                           SINDHI COLONY MAHARANI LAZMIBAI WARD SEONI
                           (MADHYA PRADESH)

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

                           AND
                           1.    THE STATE OF MADHYA PRADESH THR
                                 SECRETARY VALLABH BHAWAN, DISTRICT
                                 BHOPAL (MADHYA PRADESH)

                           2.    STATE TRANSPORT AUTHORITY M.P. THROUGH
                                 ITS SECRETARY HURRA HILLS, R/O 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 R/O 3RD AND 4TH FLOOR NEAR DR.
                                 AMBEDKAR UDDYAN., GOVERNMENT COLONY
                                 BANDRA EAST MUMBAI, DISTRICT MUMBAI
                                 (MAHARASHTRA)

                           5.    TRANSPORT COMMISSIONER MAHARASHTRA,
                                 MTNL, BUILDING FOUNTAIN BUILDING2 5TH
                                 FLOOR, MG ROAD FORTM MUMBAI DISTRICT
                                 MUMBAI (MAHARASHTRA)

                           6.    REGIONAL TRANSPORT OFFICER NAGPUR,
                                 NAGPUR DISTRICT NAGPUR (MAHARASHTRA)
Signature Not Verified
Signed by: AMITABH
RANJAN
Signing time: 18-10-2023
10:59:43
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                                                                                          .....RESPONDENTS
                           (BY SHRI V.K. SHUKLA - PANEL LAWYER )

                                 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 countersign the regular permits of petitioners and also to direct respondent not to stop Buses of petitioners in absence of counter signature and to take the tax online.

Learned counsel appearing for petitioners 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 petitioners 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 Signature Not Verified Signed by: AMITABH RANJAN Signing time: 18-10-2023 10:59:43

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. Petitioners were granted temporary permit under Section 88(7) of the Motor Vehicle Act for period of 23.09.2023 to 30.11.2023 and petitioner has paid the advance tax for that 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 petitioners is disposed off in light of aforesaid order.

Respondent No.4 is directed to counter sign the permit on submission of application by petitioners if petitioners fulfill the conditions as per reciprocal agreement between State. Petitioners may be permitted to operate their Buses during validity period of permit over the route for which permit has 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: 18-10-2023 10:59:43