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2022 DIGILAW 577 (MP)

Shyam Bus Service Through Its Proprietor v. State of Madhya Pradesh

2022-04-07

VISHAL MISHRA

body2022
JUDGMENT Vishal Mishra, J. - Petitioner has filed this petition making a prayer to issue writ of mandamus directing respondent No.4 to countersign the permit of petitioner and also to direct respondent not to stop Bus of petitioner in absence of counter signature and to take the tax online. Learned counsel appearing for petitioner submitted that Gwalior Bench in RP No.23/2010 vide order dated 12.03.2010 has held that there is agreement between State of MP and State of UP. as per said agreement, State of MP as per quota allotted to it was authorized to issue permits for the route in question. as State Transport authority has issued permit as per quota to State of MP, hence, Provisions of UP, Motor Vehicles Rules, 1988 could not be made applicable. Hence, the refusal to counter sign permits by the State Transport authority of UP is illegal. It was further ordered that in said case that major portion of routes is within territorial jurisdiction of State of MP, therefore, High Court of MP has territorial jurisdiction to issue direction to petitioner. Said order passed by learned Single Judge at Gwalior Bench, was challenged before apex Court in Special Leave to appeal (Civil) No.20383-20384/2010, which was dismissed vide order dated 02.04.2014. In view of aforesaid judgment, counsel for petitioner made a request for disposal of writ petition. In present writ petition, it has been stated that there is reciprocal agreement between State of Madhya Pradesh and State of Chattisgarh dated 14.09.2006 for operating the Buses between both States and there is a specific condition No.10, which provides that permit can be granted under Section 88(7) of the Motor Vehicle act which is called concurrent permit. Reciprocal agreement is placed on record as annexure-P/1. Petitioner was granted temporary permit under Section 88(7) of the Motor Vehicle act for period of 16.03.2022 to 31.05.2022 and petitioner has paid the advance tax for that period and receipt of same is placed on record. Respondent No.4 has not countersign the permit. Since identical issue has already been decided and order has been upheld up to apex Court, therefore, writ petition filed by petitioner is disposed off in light of aforesaid order. Respondent No.4 is directed to countersign the permit on submission of application by petitioner if petitioner fulfills the conditions as per reciprocal agreement between State. Since identical issue has already been decided and order has been upheld up to apex Court, therefore, writ petition filed by petitioner is disposed off in light of aforesaid order. Respondent No.4 is directed to countersign the permit on submission of application by petitioner if petitioner fulfills the conditions as per reciprocal agreement between State. Petitioner may be permitted to operate his Bus during validity period of permit over the route for which permit has been granted to petitioner on payment of all taxes and dues to respondent No.4 online. With aforesaid direction, writ petition is disposed of. Certified copy as per rules.