Temporary permit can be granted pending disposal of the application for grant of fresh regular permit or an application for extension of route or modification of the conditions of the permit by providing for extension of route.

HARI NATH TILHARI, J.

( 1 ) BY this petition, the petitioner has challenged the order granting the Temporary Permit vide order dated 2/3. 12. 1996 copy of which has been annexed at Annexure 'd' to the Writ Petition whereby the Tribunal has been pleased to grant the Temporary Permit under Section 87 (1) (c) and (d) for a period of four months from the date of grant of permit.

( 2 ) LEARNED counsel points out that the permit which has been granted is to be operative upto 31. 3. 1997. I have heard the Learned Counsel for the petitioner Sri M. R. Venkatnarasimhachar assisted by Sri A. S. P. Kumar for the petitioner as well as Sri A. S. Viswanath for the Respondent no. 2 and Sri Shivayogiswamy Learned Government Pleader. It has been contended before me by the Learned Counsel for the petitioner that this permit which has been granted in favour of respondent No. 2, is illegal and one granted in exercise of jurisdiction not vested. The learned counsel for the petitioner submitted before me that no Temporary Permit can be granted under the Act except in the conditions which may be covered under Section 87 of the Act. The Learned counsel further submitted that under Section 87 a Temporary Permit can be granted only in case of conditions being established under the provision and for a time limit is for a period of four months. There is no provision under the Motor Vehicles Act for renewal of a Temporary Permit. Sri Achar further contended that once a Temporary Permit granted, expires after four months and then it cannot be renewed there is no question of Temporary Permit being granted or renewal in continuity from time to time. Learned Counsel for the petitioner contended that the Temporary permit could not be granted in continuation of long period extending period of four months prescribed under the Act and/or in continuation the temporary permit granted. Grant of temporary Permits in continuation extending its durability beyond four months is nothing but the abuse" of law. The Learned Counsel for the petitioner further contended that petitioner being a holder of a regular permit on the route from one point to the other he could not be granted a temporary Permit for another route or by extending of the route covered by the original permit in the form of a Temporary Permit. In such a case the permit holder should apply for either modification of the conditions of the permit or for a fresh regular permit for that route. Learned counsel contended that in view of the facts of the present case the permit holder should have sought the granting of regular permit instead of Temporary permits in continuation. The Learned counsel contended that the conditions and the circumstances in which regular permit can be granted are distinct from the conditions in which the Temporary permit is granted. The Learned counsel for the petitioner further contended those conditions could not be said to come within the four corners of Section 87 of Motor Vehicles Act, 1988. It is further contended that as the application for regular permit or extension of variation of conditions under the regular permit has been rejected. A Temporary Permit seems to have been granted and renewed on the pretext of pendency of application for extension of Regular permit. The Learned Counsel for the petitioner emphatically contended that no Temporary Permit could be granted during the pendency or consideration of application for grant of a regular permit or for a variation of conditions regarding extension of route for consideration. The Learned Counsel for the petitioner in support of his contention placed reliance on the following decisions: A VISWANATHAN v. STATE transport APPELLATE TRIBUNAL, PONDICHERRY AND ANR. , AIR1987 SC 731 , JT1987 (1 )SC 369 , 1987 (1 ) SCALE249 , (1987 )2 scc63 , [1987 ]2 SCR179 , 1987 (1 )UJ621 (SC ), he also made reference to decisions of hon'ble Supreme Court in the case of THE MADHYA PRADESH STATE ROAD transport CORPORATION, BAIRAGARH, BHOPAL v. B.

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