Prabhat Transport Company vs The State Of Madhya Pradesh
2024 Latest Caselaw 16221 MP

Madhya Pradesh High Court

Prabhat Transport Company vs The State Of Madhya Pradesh on 30 May, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        WP No. 14501 of 2024
                                   (PRABHAT TRANSPORT COMPANY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 30-05-2024
                                   Shri Ashish Rawat - Advocate for the petitioner.

                                   Shri Swapnil Ganguly - Dy. Advocate General for the respondents /

State.

Relying upon a judgment passed by this Court in the case of Ramakant Patel Vs. The State of Madhya Pradesh and others, decided on 3.5.2024

i n W.P.No.10476/2024, it is submitted by counsel for the petitioner that question-in-hand has already been decided and it has been held that without there being any adjudication with regard to existence of particular temporary need, no temporary permit can be granted.

By referring to application filed by respondent no.4 for grant of temporary permit, it is submitted that in clause 5 of the said application it is merely mentioned temporary need and no reasons for existence of such temporary need was disclosed by respondent no.4. Similarly, Assistant Secretary, R.T.A. Hoshangabad Division, Betul has passed the order thereby

granting temporary permit to respondent no. 4 to ply his bus on Bhainsdehi to Betul from 1.5.2024 to 31.8.2024.

It is submitted that aforesaid order of granting temporary permit is in direct conflict of the order passed by this Court in the case of Ramakant Patel (supra).

Issue notice to the respondents by RAD mode on payment of process fee within seven working days.

As an interim measure, it is directed that by which, temporary permit

granted to respondent no. 4 to ply his bus No.MP-48P-1110 on Bhainsdehi to Betul route, shall remain stayed.

(G.S. AHLUWALIA) JUDGE

JP