[Cites 5, Cited by 0]
Madhya Pradesh High Court
Najre Aalam vs The State Of Madhya Pradesh on 9 February, 2026
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2026:MPHC-JBP:11148
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 9 th OF FEBRUARY, 2026
WRIT PETITION No. 4794 of 2026
NAJRE AALAM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Ashish Rawat - Advocate for the petitioner.
Shri Gajendra Parashar - PL for the respondents/ State.
ORDER
The present petition has ben filed seeking the following reliefs :-
"i. The Hon'ble Court may kindly be pleased to issue a writ of
Mandamus direct to the respondent No.2 to consider the
application for grant of temporary permit of the petitioner on the
route Mandla to Amarpur on his vehicle No.MP28P-1786
expeditiously within some prescribed time as fixed by this Hon'ble
High Court.
iii. Any other appropriate orders against respondents be issued in
favour of the petitiones with cost of the petition."
It is submitted by the learned counsel for the petitioner that an
application for grant of temporary stage carriage permit on the route Mandla
to Amarpur has been filed by the petitioner, which has not been decided till
date. Therefore, an innocuous prayer is made to direct the respondent No.2 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.
Learned counsel appearing for the respondents/State has no objection
to the innocuous prayer made by the petitioner.
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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
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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 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.2 to consider and decide pending representation filed by the
petitioner 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 petitioner.
Till the permit is granted, the petitioner will not be permitted to ply his
vehicle.
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.
(VISHAL MISHRA)
JUDGE
JP
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