HIGH COURT OF MADHYA PRADESH
Bhupendra Travels – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 15924/2023
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SANJAY DWIVEDI th ON THE 12 OF JULY, 2023 WRIT PETITION No. 15924 of 2023 BETWEEN:-
BHUPENDRA TRAVELS PROPRIETOR SMT. NEELAM MANGLANI W/O AYALDA MANGLANI, AGED ABOUT 55 YEARS, OCCUPATION BUS OPERATOR, R/O NEW BUS STAND SHAHDOL, DISTRICT SHAHDOL (MADHYA PRADESH)
.....PETITIONER (BY SHRI ASHISH RAWAT - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH SECRETARY, DEPARTMENT OF TRANSPORT, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)
2. STATE TRANSPORT AUTHORITY M.P. THROUGH ITS SECRETARY, HURRA HILLS, GWALIOR, DISTRICT GWALIOR (MADHYA PRADESH)
3. THE STATE OF MAHARASHTRA THROUGH SECRETARY, DEPARTMENT OF TRANSPORT, MANTRALAYA BANDRA, MUMBAI DISTRICT MUMBAI (MAHARASHTRA)
4. STATE TRANSPORT AUTHORITY MAHARASHTRA THROUGH ITS SECRETARY ADMINISTRATIVE BUILDING, 3RD AND 4TH FLOOR, NEAR DR. AMBEDKAR UDDYAN, GOVERNMENT COLONY, BANDRA EAST, MUMBAI DISTRICT MUMBAI (MAHARASHTRA)
5. TRANSPORT COMMISSIONER MAHARASHTRA, MTNL BUILDING, FOUNTAIN BUILDING 2, 5TH FLOOR, MG ROAD FORT, MUMBAI, DISTRICT MUMBAI (MAHARASHTRA)
6. REGIONAL TRANSPORT OFFICER, NAGPUR, Signature Not Verified Signed by: ANIL DISTRICT NAGPUR (MAHARASHTRA)
.....RESPONDENTS (SHRI ALOK AGNIHOTRI - GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2/STATE )
This petition coming on for admission this day, the court passed the following:
ORDER
By the instant petition filed under Article 226 of the Constitution of India, the petitioner is challenging the inaction of respondent No.4 as the said authority is not putting his counter signature over the permit granted to the petitioner by the State of Madhya Pradesh. The permit has been granted for plying the vehicle registered as MP-07-ZF-5499 of route i.e. Shahdol to Nagpur.
The counsel for the petitioner submits that there are other cases in which this Court has not only entertained the petition, but also granted the interim relief. He has shown one of the orders i.e. W.P. No.13487 of 2023 dated
28.06.2023.
Considering the aforesaid, this petition is disposed of directing the petitioner to ply the vehicle i.e. bus bearing registration No. MP-07-ZF-5499 for which temporary permit is granted under Rules 87(1)(c) of the Motor Vehicles Act, 1988. The petitioner will be allowed to ply the aforesaid vehicle in pursuance to the temporary permit and his vehicle will not be restrained only for the reason that temporary permit does not contain counter signature of respondent No.4.
With the aforesaid, this petition is disposed of Certified copy as per rules.
Signature Not Verified Signed by: ANIL (SANJAY DWIVEDI)
JUDGE ac/-
Signature Not Verified Signed by: ANIL
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