IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN th ON THE 15 OF MARCH, 2024 WRIT PETITION No. 5682 of 2024 BETWEEN:-

SMT. POONAM BARODE W/O SHRI PREM SHANKAR BARODE, AGED ABOUT 52 YEARS, OCCUPATION: BUS OPERATIOR RESIDENT OF 37 /1 GANESH WARD NO 27 BETUL DISTRICT BETUL (MADHYA PRADESH)

.....PETITIONER (BY SHRI ASHISH RAWAT - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH SECRETARY DEPARATMENT OF TRANSPORT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. STATE TRANSPORT AUTHORITY M.P. THROUGH ITS SECRETARY HURRA HILLS GWALIOR DISTRICT (MADHYA PRADESH)

3. THE STATE OF MAHARASHTRA THROUGH SECRETARY HURRA HILLS GWALIOR DISTRICT (MADHYA PRADESH)

4. STATE TRANSPORT AUTHORITY MAHARASHTRA THROUGH ITS SECRETARY ADMINISTRATIVE BUILDING 3RD AND 4TH FLOOR NEAR DR. AMBEDKAR UDDYAN GOVERNMENT COLONY BANDRA EAST MUMBAI DISTRICT (MAHARASHTRA)

5. TRANSPORT COMMISSIONER MAHARASHTRA MTNL BUILDING FOUNTAIN BUILDING-2 5TH FLOOR MG ROAD FORT MUMBAI (MAHARASHTRA)

6. REGIONAL TRANSPORT OFFICER NAGPUR DISTRICT NAGPUR (MAHARASHTRA)

Signature Not Verified Signed by: PRARTHANA .....RESPONDENTS (BY SHRI YOGESH DHANDE - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

Heard on admission.

2. The present petition has been filed by the petitioner seeking following relief:-

"7.1 Allow this petition and issue a writ of mandamus directing the respondent No.4 to countersign the temporary permit of the petitioner on the route Nagpur to Bhainsdehi (annexure-P/1) on his vehicle bearing registration number MP48P-5776.

7.2 Any other appropriate orders against respondents be issued in favour of the petitioner with cost of the petition"

3. The grievance of the petitioner is that the STA has granted temporary permit to the petitioner for the route Bhainsdehi to Nagpur and back valid from 01.03.2024 to 30.06.2024 for the Bus bearing registration No. MP48P-5776. The said route is interstate route. Hence, in terms of reciprocal agreement between State of Madhya Pradesh and State of Maharastra, the said permit has been sent for counter signature to the Secretary, STA Mumbai (Maharashtra). However, the said authority (Respondent No. 4) has not counter signed the permit. The petitioner has thus approached this Court due to failure of the competent authority at Maharastra to countersign the temporary permit for the inter-state route. A copy of temporary permit has been filed with the petition as Annexure P/2.

4. Learned counsel for the petitioner raising the plea of parity submits that in various other petitions with similar attending circumstances have been disputed of in respect of interstate route between Madhya Pradesh and Signature Not Verified Signed by: PRARTHANA Maharashtra with certain directions.

5 . Learned counsel for the State does not dispute passing of the orders in petitions involving similar issues in respect of inter-state permits granted between Madhya Pradesh and Maharashtra. It is not disputed that the said orders continue to hold the field till date.

6. In view of the above, this petition is disposed of in the light of the order dated 18.05.2018 passed in W.P. No. 9894/2018. For ready reference and convenience the relevant portion of the order dated 18.05.2018 passed in W.P. No. 9894/2018 is reproduced below which shall apply to the present case mutatis-mutandis.

“Considering the fact situation, it further appears that it is procedural formality which has to be performed by State of Maharashtra, if petitioner comply all other terms and conditions as contained into reciprocal agreement as well as in granting temporary permit. Therefore, instead of pending the petition, this Court deems fit to dispose of this petition with the direction to State of Maharashtra to consider the case of petitioner a s per terms and conditions of reciprocal agreement dated 01- 03-2007 and if petitioner fulfills all the condition then counter signature be made immediately within 7 days from the date of rec