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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
G.S.Ahluwalia
Aloukik Kirar – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
This petition under Article 226 of Constitution of India has been filed seeking following relief(s):-
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 petition
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.
The grant of temporary permit under Section 87(1)(c) of the Motor Vehicles Act requires the authority to assess the actual temporary need and the period for which the additional buses are required on....
A transport authority must provide clear justification and assess actual public needs when granting temporary permits, ensuring existing transportation sufficiency is evaluated.
The interpretation of the Motor Vehicles Act provisions regarding temporary permits, application for variation, and principles of natural justice in timing changes.
Temporary permits under the Motor Vehicles Act can be granted without full procedural compliance when justified by urgent need, as established under S.62.
The main legal point established is that the first respondent is obligated to consider the petitioner's request for a temporary permit in accordance with the Court's order.
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