[Cites 6, Cited by 0]
Madhya Pradesh High Court
Akbar Ahmad Khan vs The State Of Madhya Pradesh on 16 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:29222
1 WP-12708-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 16 th OF APRIL, 2026
WRIT PETITION No. 12708 of 2026
AKBAR AHMAD KHAN AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shankar Lal Gupta - Advocate for the petitioners.
Shri Anshuman Swamy - Government Advocate for the respondent/State.
ORDER
The present petition has been filed seeking the following reliefs :-
"(i). The Hon'ble Court may kindly be pleased to issue awrit
of mandamus 'directing to the respondent No. 3 toconsider
and decide the applications (Annex.-P/2), filed by the
petitioners for grant of temporary Stage Carriage Permit and
may also directed to grant the permit to the petitioner on the
Vehicle No. MP-04-PA-1858 and MP-04-PA-2454, as
applied by them.
(ii). Any other relief which this Hon'ble Court may deem fit
in the circumstances of the case, may also be granted to the
petitioners, together with the cost of this petition."
It is submitted by the learned counsel for the petitioners that an application
for grant of temporary stage carriage permit on the route Balaghat to Bhopal &
back has been filed by the petitioners, which has not been decided till date.
Therefore, an innocuous prayer is made to direct the respondent No.3 to consider
and decide the application for grant of temporary permit taking note of the
provisions of Section 87(1) (c) of the Motor Vehicles Act, within the stipulated
time frame.
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Learned counsel appearing for the respondents/State has no objection to the
innocuous prayer made by the petitioner.
A circular dated 04.06.2014 has been issued by Parivahan Vibhag
Mantralaya, Govt. of Madhya Pradesh with respect to consideration of
applications for grant of Regular Permits and Temporary Permits within the
prescribed period. The relevant extracts reads as under:-
".... ऐसी थित म िनधा रत सभी प रवहन ािधकरण परिमट हे तु ा
आवेदन का आधार पर अ थाई परिमट क थित म 10 दवस तथा थाई
परिमट क थित म 30 दवस क समयाविध म व मान ावधान के
अनुसरण म िनराकरण करे गा। संबंिधत ितमाह ा आवेदन तथा
िनराकरण क जानकार अगले माह क 5 तार ख तक मं ालय एवं प रवहन
मु यालय को आव यक प से भेजेग।"
Section 87 (1) (c) of the Motor Vehicles Act is also important which reads
as under :-
"Section 87- Temporary Permits.
(1) A Regional Transport Authority and the State Transport Authority
may without following the procedure laid down in section 80, grant
permits, to be effective for a limited period which shall, not in any case
exceed four months, to authorise the use of a transport vehicle
temporarily--
(a) for the conveyance of passengers on special occasions such as to
and from fairs and religious gatherings, or
(b) for the purposes of a seasonal business, or
(c) to meet a particular temporary need , or
(d) pending decision on an application for the renewal of a permit, and
may attach to any such permit such condition as it may think fit:
Provided that a Regional Transport Authority or, as the case may be,
State Transport Authority may, in the case of goods carriages, under
the circumstances of an exceptional nature, and for reasons to be
recorded in writing, grant a permit for a period exceeding four months,
but not exceeding one year.
(2) Notwithstanding anything contained in sub-section (1), a temporary
permit may be granted thereunder in respect of any route or area where
(i) no permit could be issued under section 72 or section 74 or section
76 or section 79 in respect of that route or area by reason of an order of
a court or other competent authority restraining the issue of the same,
for a period not exceeding the period for which the issue of the permit
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has been so restrained; or
(ii) as a result of the suspension by a court or other competent authority
of the permit of any vehicle in respect of that route or area, there is no
transport vehicle of the same class with a valid permit in respect of that
route or area, or there is no adequate number of such vehicles in respect
of that route or area, for a period not exceeding the period of such
suspension.
Provided that the number of transport vehicles in respect of which
temporary permits are so granted shall not exceed the number of
vehicles in respect of which the issue of the permits have been
restrained or, as the case may be, the permit has been suspended."
Under these circumstances, this petition is disposed off directing the
respondent No.3 to consider and decide pending representation/applications filed
by the petitioners taking note of the provisions of Section 87(1)(c) of the Motor
Vehicles Act, 1988 within a period of 10 days, in accordance with law from the
date of receipt of a certified copy of this order and communicate the outcome to
the petitioners.
Till the permit is granted, the petitioners will not be permitted to ply their
vehicles.
Needless to mention that this Court has not expressed any opinion on the
merits of the case.
Accordingly, the petition is disposed off.
Certified copy as per rules.
(SANDEEP N. BHATT)
JUDGE
b
