Temporary permits under the Motor Vehicles Act must be issued based on valid, specific grounds; reliance on inadequate reasoning to substitute regular permits is impermissible.

ORDER :

This petition under Article 226 of Constitution of India has been filed seeking following relief(s):-

i. The Hon’ble Court may kindly be pleased to call from the office of respondent no.2 in respect of grant of temporary permit to the respondent no.3 on the route Icchawar to Harda via Narmadapuram.

ii. The Hon’ble Court may kindly be graciously pleased to issue a writ of 'certiorari' quashing the grant order & temporary permit of Respondent No.3.

iii. The Hon’ble Court may kindly be graciously pleased to issue a writ in the nature of prohibition to restrain the respondent no.2 to not grant further temporary permit to the respondent No.3 or any other person without delegation of power under Rule 67 of Rule 94 as well as without formulation of route in question.

iv. Any other reliefs which this Hon’ble Court deem fit in the circumstances of the case, may also be granted to the Petitioner.

2. It is the case of petitioner that respondent No.2 has issued a temporary permit to respondent No.3 for plying his bus bearing registration No. M.P.47P1161 on Icchawar to Harda route via Narmadapuram. On 25/07/2024, a preliminary objection was raised by counsel for respondent No.3 that petitioner has not filed copy of the impugned order, however petitioner after referring to the application filed for supply of certified copy of the temporary permit submitted that respondent No.2 is deliberately not providing him certified copy of impugned order and accordingly, this Court by order dated 25/07/2024 had directed the State counsel to keep the record of relevant file available on the next date of hearing.

3. The record has been produced in sealed cover. It is submitted by counsel for the respondents/ State that it was the petitioner who did not approach the respondent No.2 for collecting the certified copy.

4. It is the objection of petitioner that in spite of his best efforts, certified copy of the impugned order as well as temporary permit has not been supplied, whereas it is the defence of respondent No.2 that petitioner himself is not collecting the same.

5. Why the petitioner would not collect the certified copy of the impugned order as well as the temporary permit specifically when he is intending to assail the same. However, without going deep into the said controversy, this Court thinks it appropriate to decide the petition on merits. However, it is observed that whenever an application is filed for grant of certified copy, the RTO/ Secretary to RTA must decide the said application within a period of two days and if the Authority concerned is of the view that aspirant is not entitled for certified copy of the document, then he shall reject the same by assigning reasons and shall not retain the certified copy for no good reason.

6. Be that whatever it may be.

7. By this petition, petitioner has challenged the grant of temporary permit to respondent No.3 to ply his bus bearing registration No. M.P.47P1161 on Icchawar to Harda route. It appears that an application for grant of temporary permit to ply bus No. M.P.47P1161 was made by mentioning the "temporary need" only as well as by mentioning that with the start of rainy season, there is an increase in the agricultural activities like sowing, purchase of agricultural equipments, repairing of old agricultural equipments etc. Apart from that, the season of festivals is also starting, therefore movements of the people for going to the houses of their relatives is also on increase, therefore there is a temporary need. An objection was raised by petitioner, however Secretary RTA Bhopal by order dated 13/06/2024 held that there is possibility of increase in number of passengers on account of agricultural activities and various festivals, therefore it would be in the interest of people to issue temporary permit and accordingly, temporary permit to ply bus on Icchawar to Harda route was issued thereby making it valid from 06/06/2024 to 31/07/2024.

8. By referring to orders passed by this Court in the c