IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE AMIT SETH WRIT PETITION No. 27319 of 2025 ANOOP KUMAR SHIVHARE Versus THE STATE TRANSPORT APPELLATE TRIBUNAL MP AND OTHERS Appearance:

Shri Arvind Dudawat - Sr. Advocate assisted by Shri Arun Dudawat &

Shri Rahul Jha - Advocates for the petitioner.

Shri Vijay Sundaram - Govt. Advocate for respondents/State.

Shri Nitin Agrawal - Advocate for respondent No.3.Shri N.K.Gupta -

Sr. Advocate assisted by Shri Y.P.S.Rathore - Advocate for respondent No.4.

Shri Neerendra Sharma - Advocate for the caveator Reserved on : 04/12/2025 Delivered on : 18/02/2026 ORDER

1. With the consent of parties, the matter is heard finally.

2. The instant writ petition filed under Article 226 of the Constitution of India takes exception to the order dated 23.04.2025 passed by the M.P. State Transport Appellate Tribunal (respondent No.1) whereby, the revision preferred by the respondent No.4, challenging the order dated 30.09.2024 passed by the respondent No.2, granting counter signature in favour of the petitioner in respect of a regular stage carriage permit for the route Gwalior to Sagar via Jhansi, has been allowed and the said order granting counter signature has been set aside.

3. As per pleadings of the petitioner, the route Gwalior to Sagar via Jhansi is an inter-state route lying between the States of M.P. and U.P., which is covered under the reciprocal transport agreements entered into between the two States from time to time. Out of the quota reserved for the nominee of the State of Uttar Pradesh, Permit No.253/73/STA/Stage was initially granted vide order dated 25.04.1973 to one Shri Gaurishankar Mishra, which was duly countersigned by the competent authority of the State of Madhya Pradesh at the relevant time. The said permit as well as the counter signatures were also renewed from time to time. Later on, the State Transport Authority, Uttar Pradesh transferred the said permit to one Ajeet Singh Bhadoriya, which transfer was duly endorsed by the respondent No.2. Thereafter, the permit was renewed and further transferred in favour of the present petitioner vide order passed by the State Transport Authority, Uttar Pradesh in its meeting held on 07.01.2016, under which, the petitioner has been plying his stage carriage vehicle on the strength of the renewed permit and countersignatures granted from time to time. On the aforesaid permit, the vehicle bearing registration No. U.P.-93/T-9931 was being plied by the petitioner.

4. As per the pleadings of the petitioner, the due tax on the vehicle, in terms of the conditions of the permit, was paid from time to time and the vehicle was operated by the petitioner till the validity of the permit upto 24.05.2021. The State Transport Authority U.P. thereafter renewed the said permit up to 24.05.2026 and the respondent No.3 vide letter dated 6.6.2021, recommended grant of countersignature in respect thereof.

5. Pursuant thereto, the petitioner applied for grant of renewal of countersignature before the respondent No.2, which was objected to by the respondent No.4. The objection raised by the respondent No.4 was rejected and vide order dated 17.02.2022, renewal of countersignature was granted to the petitioner and a renewal slip of the counter signature was issued.

6. The aforesaid order dated 17.02.2022 came to be challenged by the respondent No.4 in a revision before the respondent No.1 in Revision Case No.61/2022 on the ground that the renewal of counter signature could not have been granted to the petitioner as there were alleged arrears of tax dues. The revision preferred by the respondent No.4 came to be allowed by the respondent No.1 vide order dated 19.05.2022 and the matter was remanded to the respondent No.2 with a direction to decide the objection regarding arrears of tax with certainty.

7. The aforesaid order dated 19.05.2022 was challenged by the petitioner as well as respondent No.4 by way of filing separate writ petitions bearing W