IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ROHIT ARYA &

HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI th ON THE 6 OF MARCH, 2024 WRIT APPEAL No. 434 of 2024 BETWEEN:-

1. M/S NARMADA TRAVELS BUS SERVICE PROPRIETOR THROUGH POWER OF ATTORNEY HOLDER RAGHVENDRA SINGH S/O LATE SHRI DINESH KUMAR SINGH, AGED ABOUT 66 YEARS, R/O WARD NO 12 NEW WARD NO 16 H.NO. 494 SICHAI COLONY NERA POLICE LINE ROAD OPPOSITE TO DR. THABRANI SHAHDOL (MADHYA PRADESH)

2. SHRI RAJKUMAR SINGH S/O LATE SHRI DINESH KUMASR SINGH, AGE 56 YEARS, R/O WARD NO. 12 DEVELOPMENT AREA SHAHDOL (MADHYA PRADESH)

3. SHRI SANJAY SINGH S/O LATE SHRI DINESH KUMAR SINGH, AGE 52 YEARS, R/O WARD NO. 12 DEVELOPMENT AREA SHAHDOL (MADHYA PRADESH)

4. SMT. CHANDRKALA SINGH JAISWAL W/O SHRI VED PRAKASH JAISWAL, AGE 62 YEARS, R/O BARRA BHAG 2 IN FRONT OF KANPUR SWEET HOUSE (UTTAR PRADESH)

5. SMT. MANJU JAISWAL W/O SHRI ALOK KUMAR JAILWAL, AGE 54 YEARS, INDIRA BIHAR VILASPUR (BIHAR)

6. SMT. DOLLY SINGH JAISWAL W/O SHRI ARVIND JAISWAL, AGE 41 YEARS, R/O B-204 JAYPURIYA APARTMENT SABERI PUL CROSSING REPUBLIC GHAZIABAD (UTTAR PRADESH)

7. RAGHVENDRA SINGH S/O LATE SHRI DINESH KUMAR SINGH, AGED ABOUT 64 YEARS, R/O WARD NO. 12 NEW WARD NO. 16 HN 494 SICHAI Signature Not Verified Signed by: YOGENDRA COLONY NERA POLICE LINE ROAD, OPPOSITE TO DR. THABRANI, SHAHDOL ALL LEGAL HEIRS THROUGH POWER OF ATTORNEY HOLDER SHRI RAGHVENDRA SINGH S/O LATE SHRI DINESH KUMAR SINGH AGE 64 R/O H. NO. 494 SICHAI COLONY, NERA POLICE LINE ROAD OPPOSITE TO DR. THABRANI SHAHDOL (MADHYA PRADESH)

.....APPELLANT (BY SHRI N.K. GUPTA, SENIOR ADVOCATE WITH SHRI PIYUSH MANGLANI - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. STATE TRANSPORT AUTHORITY, MADHYA PRADESH GWALIOR (MADHYA PRADESH)

3. MANGLANI BUS SERVICE PROP. A.D. MANGLANI SHOP NO. 9 NEW BUS STAND SHAHDOL (MADHYA PRADESH)

4. VIRENDRA SINGH S/O SHRI MAHESH KUMAR SINGH HOUSE NO. 439 BUILDING BEHIND JAIL SHAHDOL (MADHYA PRADESH)

5. PRAYAG BUS SERVICE PROP. MUKESH KUMAR, DEVELOPMENT AREA, DHAROLAN MOHALLA, SHAHDOL (MADHYA PRADESH)

6. BHUPENDRA TRAVELS PROP. NEELAM M ANGLANI LAKHERAN TOLL SHAHDOL (MADHYA PRADESH)

7. SHYAM BUS SERVICE PROP. LAXMIBAI MANGLANI (DEAD) LAKHERA TOLA BUDHAR, DISTRICT SHAHDOL (MADHYA PRADESH)

8. MAHAMAYA TRAVELS, PROP. ROOP CHAND LAKHERAN TOLL BUDHAR SHAHDOL (MADHYA PRADESH)

9. JAI DURGA TRAVELS PROP. DILIP KUMAR SINGH, WARD NO. 12 DEVELOPMENT AREA, SHAHDOL (MADHYA PRADESH)

Signature Not Verified Signed by: YOGENDRA .....RESPONDENTS (BY SHRI R.D. SHARMA- ADVOCATE WITH SHRI GITESH MARWAH -

ADVOCATE)

This appeal coming on for admission this day, Justice Rohit Arya passed the following:

ORDER

This intra-court appeal under Section 2(A) of Madhya Pradesh Uccha Nyayalay (Khandpeeth Ko Appeal) Adhiniyam, 2005 is directed against the order dated 01.02.2024 passed by learned Single Judge in M.P. No. 202/2018.

2. The learned Single Judge has taken strong exception to the conduct of the appellants in the matter of challenging the order dated 15.12.2014 passed by M.P. State Transport Authority whereby the authority not only rejected the application of the appellants for grant of permit but also granted permit in favour of respondents No.3 and 4.

3. Shri N.K. Gutpa, learned senior counsel submits that complete factual matrix has not been appreciated by learned Single Judge and formed an unwarranted opinion which led to imposition of cost of Rs. 50,000/- upon the petitioners.

4. Learned senior counsel submits that the appellants had applied for stage carriage permit on Shahdol to Allahabad route and other respondents had also applied for the same route before M.P. State Transport Authority. The application filed by the appellants was rejected and stage carriage permit was awarded in favour of private respondents vide order dated 15.12.2014.

5. The appellants preferred a revision bearing No. 30/2015 under Section

90 of Motor Vehicles Act against grant of permit to priv