IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA

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ON THE 20 OF FEBRUARY, 2026 WRIT PETITION No. 6427 of 2026 HASAN KHAN AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Ashish Rawat - Advocate for the petitioners.

Shri Aakash Malpani - PL for the respondents/ State.

Shri Bharat Kumar Dubey - Advocate for the intervener.

ORDER Application filed for intervene in the matter is rejected.

The present petition has ben filed seeking the following reliefs :-

"i. Allow the writ petition and to issue a writ of mandamus directing the Respondent no.2 to consider the applications for grant of temporary permit under Section 87(1) (c) of the Motor Vehicles Act, 1988 of the Petitioners on the routes as applied for grant of temporary permits (Annexure P/2).

ii. Any other appropriate orders against respondents be issued infavour of the petitioners with cost of the petition."

2. It is submitted by the learned counsel for the petitioners that an application for grant of temporary stage carriage permit in terms of Annexure-P/2 has been filed by the petitioners, which has not been decided till date. Therefore, an innocuous prayer is made to direct the respondent No.2 to consider and decide the application for grant of temporary permit taking note of the provisions of Section 87(1) (c) of the Motor Vehicles Act, within the stipulated time frame.

3. Learned counsel appearing for the respondents/State has no objection to the innocuous prayer made by the petitioner.

4. A circular dated 04.06.2014 has been issued by Parivahan Vibhag Mantralaya, Govt. of Madhya Pradesh with respect to consideration of applications for grant of Regular Permits and Temporary Permits within the prescribed period. The relevant extracts reads as under:-

".... ऐसी (cid:4)(cid:5)थित म(cid:10) िनधा(cid:15)(cid:14)रत सभी प(cid:15)रवहन (cid:21)ािधकरण परिमट हेतु (cid:21)ा(cid:27) आवेदन(cid:30) का आधार पर अ(cid:5)थाई परिमट क(cid:33) (cid:4)(cid:5)थित म(cid:10) 10 (cid:34)दवस तथा (cid:5)थाई परिमट क(cid:33) (cid:4)(cid:5)थित म(cid:10) 30 (cid:34)दवस क(cid:33) समयाविध म(cid:10) (cid:36)व(cid:37)मान (cid:21)ावधान(cid:30) के अनसु रण म(cid:10) िनराकरण करेगा। संबंिधत (cid:21)ितमाह (cid:21)ा(cid:27) आवेदन तथा िनराकरण क(cid:33) जानकार(cid:43) अगले माह क(cid:33) 5 तार(cid:43)ख तक मं(cid:46)ालय एवं प(cid:15)रवहन मु(cid:48)यालय को आव(cid:50)यक (cid:51)प से भेजेग(cid:10)।"

5. Section 87 (1) (c) of the Motor Vehicles Act is also important which reads as under :-

"Section 87- Temporary Permits.

(1) A Regional Transport Authority and the State Transport Authority may without following the procedure laid down in section 80, grant permits, to be effective for a limited period which shall, not in any case exceed four months, to authorise the use of a transport vehicle temporarily--

(a) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings, or (b) for the purposes of a seasonal business, or (c) to meet a particular temporary need, or (d) pending decision on an application for the renewal of a permit, and may attach to any such permit such condition as it may think fit:

Provided that a Regional Transport Authority or, as the case may be, State Transport Authority may, in the case of goods carriages, under the circumstances of an exceptional nature, and for reasons to be recorded in writing, grant a permit for a period exceeding four months, but not exceeding one year.

(2) Notwithstanding anything contained in sub-section (1), a temporary permit may be granted thereunder in respect of any route or area where (i) no permit could be issued under section 72 or section 74 or section 76 or section 79 in respect of that route or area by reason of an order of a court or other competent authority restraining the issue of the same, for a period not exceeding the period for which the issue of the permit has been so restrained; or (ii) as a result of the suspension by a court or other competent authority of the permi