IMPORTANT POINT
The central legal point established in the judgment is the mandatory requirement of reciprocal agreements between states for granting inter-State route permits, and the need for publication of any changes or corrections in the official gazette as per Sections 88(5) and 88(6) of the Motor Vehicles Act.

JUDGMENT :

HARISH TANDON, J.

1. The instant appeal is filed by the respondent No. 7 of the writ petition assailing a judgment and order dated 1st August, 2023 passed by the Single Bench disposing of the writ petition with the direction that the State Transport Authority, West Bengal and the State Transport Authority, Jharkhand will take a conscious decision within 3 months in relation to all formalities which appears to have not been followed in terms of the provisions of the Motor Vehicles Act, 1988.

2. The salient facts involved in the instant case are required to be narrated in order to determine the questions raised in the instant appeal. The writ petitioner who is arraigned as respondent no. 8 in the instant appeal was the permanent permit holder issued by the State Transport Authority, Jharkhand for a route between Jamshedpur and Durgapur. After the issuance of the permit by the State of Jharkhand, the counter signature is required to be put in by the reciprocating State i.e. State of West Bengal which appears to have been a subject matter of several litigations between the parties. It appears that there was reluctance on the part of the State Transport Authority, West Bengal in putting a counter-signature and for every fresh permit or the renewal thereof, the approaches were made to the High Court and orders were passed to put a counter-signature. The writ petitioner/respondent No. 1 has vividly reflected various writ petitions filed before this Court and the contempt application in violation of such order passed in the writ petition which were ultimately disposed of.

3. At the time of the last renewal, the same stand was taken by the State of West Bengal showing their dormant attitude in not putting a counter signature and the writ petition was filed by the said respondent No. 4 seeking a mandamus commanding the State Transport Authority to issue counter-signature/letter so that the said respondent would continue plying the vehicle on the basis of the permit granted by the State Transport Authority, Jharkhand. The record would further reveal that an objection was raised by the appellant before the Authority and order was passed by the writ Court to add the appellant as party respondent in the said writ petition. By the impugned order the learned Single Judge passed the following direction:

“It is expected that the STA, West Bengal and the STA, Jharkhand will come to a decision within three months from today which is considered to be a reasonable period for completion of all exercises in terms of the order passed by this Court. Fixing a reasonable period is necessary since the added respondents have expressed their continued grievance in face of the discrepancy in the two routes. The STA, West Bengal and the STA, Jharkhand will publish the decision pursuant to the discussion in their respective websites and also give notices to the parties in the present writ petition within two weeks from the date of publication of the decision in the official website.

It is also made clear that there should not be any unreasonable delay on the part of the two authorities since one of the parties before the court is continuing to enjoy interim protection. The interim order which is till 21st August, 2023 will continue until four weeks from the communication of the decision to the parties.”

4. It is a specific stand of the appellant petitioner that he is an old existing operator in respect of an inter-State route i.e. Jamshedpur to Durgapur via Purulia, Hura, Kamalpur, Bankura since 1988 and the said permit was renewed from time to time. The objection is raised by the appellant that a draft state reciprocal agreement was published in the official gazette of State of West Bengal on 4.9.2002 which includes one inter-State route i.e. Jamshedpur to Durgapur via Barrage, Bankura, Burdwan, Kating, Patamda for inviting objections under Section 88(5) of the Motor Vehicles Act, 1988. Correspondingly, the State of Jharkhand also published the said draft