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Allahabad High Court · body

2014 DIGILAW 2994 (ALL)

Ganesh Chandra Mishra v. State of U. P. Thru. Prin. Secy. Transport Deptt.

2014-09-24

D.Y.CHANDRACHUD, DEVENDRA KUMAR UPADHYAYA

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JUDGMENT Devendra Kumar Upadhyaya, J. The petitioner claims to be the holder of a regular stage carriage permit, bearing No.3519/STAGE (for a non-notified route Hardoi-Unnao), which is stated to be valid till 21 July 2018. 2. The grievance in these proceedings is in regard to the grant of temporary permits in breach of the provisions of Section 87 of the Motor Vehicles Act, 1988. Section 87 (1) of the Motor Vehicles Act, 1988 provides as follows: "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 authorize the use of a transport vehicle temporarily - (a) for the conveyance of passengers on special occasion 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 period exceeding four months, but not exceeding one year." 3. The submission is that the second and the third respondents without due application of mind and without taking into consideration all relevant factors including the traffic position on the route have been granting temporary permits. 4. Having due regard to the nature of the grievance, we direct the Secretary of the Regional Transport Authority to enquire into the grievance of the petitioner. The Secretary of the Regional Transport Authority, shall strictly comply with the provisions of Section 87 (1) of the Act before issuing any further temporary permits. The third respondent shall communicate a reasoned order to the petitioner within a period of three months of the receipt of a certified copy of this order. In order to facilitate the expeditious compliance of this order, we permit the petitioner to file a representation to the third respondent within a period of two weeks from today annexing a certified copy of this order. The petition is, accordingly, disposed of. In order to facilitate the expeditious compliance of this order, we permit the petitioner to file a representation to the third respondent within a period of two weeks from today annexing a certified copy of this order. The petition is, accordingly, disposed of. There shall be no order as to costs.