Temporary permits under the Motor Vehicles Act must specify a clear 'temporary need' to comply with legal standards; arbitrary issuance without order is invalid.

ORDER :

GURPAL SINGH AHLUWALIA, J.

1. In compliance of order dated 3.5.2024, record of Secretary, RTA Sagar has been produced in sealed cover.

2. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

(i) The Hon’ble Court may kindly be pleased to issue a writ of prohibition restrain the respondent no. 4 to grant temporary permit to the respondent no. 5 or any other person and also functioning as secretary RTA, Sagar without delegation of power under rule 67 of the Motor Vehicles Rules, 1994.

(ii) Any other relief which this Hon’ble Court may deem fit in the circumstances of the case, may also be granted to the petitioner, together with the cost of this petition.

3. The facts necessary for disposal of the present petition in short are that respondent no. 5 applied for grant of temporary permit to ply his bus on Sagar – Tikamgarh route. In clause 5 of the said application it was merely mentioned as 87 (1) (c) temporary need.

4. However, Shri Rohit Jain as well as Shri Brajesh Dubey after going through the record of the Secretary, RTA, Sagar, fairly conceded that temporary permit was issued without passing any order.

5. It is submitted by counsel for the petitioner that temporary permit cannot be distributed like a substitute of regular stage carriage permit and Section 87 has been incorporated to meet out emergent eventualities requiring plying of bus for a limited period on a limited route. In the application which was filed by respondent no. 5, there is no mention of the temporary need and use of word temporary need cannot be said to be inconformity with provisions of Section 87 (1) (c) of the MOTOR VEHICLES ACT .

6. Per contra, it is submitted by counsel for respondent no. 5 that the petitioner is having a regular stage carriage permit whereas petitioner is also a transporter and has a fundamental right to carry out his profession / business, therefore, if the provision of law permits issuance of temporary permit, then filing an application for the same cannot be said to be bad in law. It is further submitted that if the Secretary, RTA Sagar is issuing temporary permit, then he should be scolded and punished and the transporters should not be made to suffer on account of misdeeds of the Secretary, RTA, Sagar. It is further submitted that in the writ petition, the petitioner has merely raised the question of competency of Secretary, RTA, Sagar and has not raised a question with regard to provisions of Section 87 (1) (c) of the MOTOR VEHICLES ACT and, therefore, the petitioner cannot be taken by surprise by pressing the said ground. It is further submitted that all her contentions may be considered.

7. Counsel for the State was directed to once again go through the record of the Secretary, RTA, Sagar and he fairly conceded that there is no order granting temporary permit and fairly conceded that issuance of temporary permit without any order by the Secretary, RTA, Sagar is not in accordance with law. However, it is submitted that powers have been delegated to the Secretary, RTA to issue temp