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2024 DIGILAW 521 (MP)

Aloukik Kirar v. State Of Madhya Pradesh

2024-07-26

G.S.AHLUWALIA

body2024
ORDER : This petition under Article 226 of Constitution of India has been filed seeking following relief(s):- i. The Hon’ble Court may kindly be pleased to call from the office of respondent no.2 in respect of grant of temporary permit to the respondent no.3 on the route Icchawar to Harda via Narmadapuram. ii. The Hon’ble Court may kindly be graciously pleased to issue a writ of 'certiorari' quashing the grant order & temporary permit of Respondent No.3. iii. The Hon’ble Court may kindly be graciously pleased to issue a writ in the nature of prohibition to restrain the respondent no.2 to not grant further temporary permit to the respondent No.3 or any other person without delegation of power under Rule 67 of Rule 94 as well as without formulation of route in question. iv. Any other reliefs which this Hon’ble Court deem fit in the circumstances of the case, may also be granted to the Petitioner. 2. It is the case of petitioner that respondent No.2 has issued a temporary permit to respondent No.3 for plying his bus bearing registration No. M.P.47P1161 on Icchawar to Harda route via Narmadapuram. On 25/07/2024, a preliminary objection was raised by counsel for respondent No.3 that petitioner has not filed copy of the impugned order, however petitioner after referring to the application filed for supply of certified copy of the temporary permit submitted that respondent No.2 is deliberately not providing him certified copy of impugned order and accordingly, this Court by order dated 25/07/2024 had directed the State counsel to keep the record of relevant file available on the next date of hearing. 3. The record has been produced in sealed cover. It is submitted by counsel for the respondents/ State that it was the petitioner who did not approach the respondent No.2 for collecting the certified copy. 4. It is the objection of petitioner that in spite of his best efforts, certified copy of the impugned order as well as temporary permit has not been supplied, whereas it is the defence of respondent No.2 that petitioner himself is not collecting the same. 5. Why the petitioner would not collect the certified copy of the impugned order as well as the temporary permit specifically when he is intending to assail the same. However, without going deep into the said controversy, this Court thinks it appropriate to decide the petition on merits. 5. Why the petitioner would not collect the certified copy of the impugned order as well as the temporary permit specifically when he is intending to assail the same. However, without going deep into the said controversy, this Court thinks it appropriate to decide the petition on merits. However, it is observed that whenever an application is filed for grant of certified copy, the RTO/ Secretary to RTA must decide the said application within a period of two days and if the Authority concerned is of the view that aspirant is not entitled for certified copy of the document, then he shall reject the same by assigning reasons and shall not retain the certified copy for no good reason. 6. Be that whatever it may be. 7. By this petition, petitioner has challenged the grant of temporary permit to respondent No.3 to ply his bus bearing registration No. M.P.47P1161 on Icchawar to Harda route. It appears that an application for grant of temporary permit to ply bus No. M.P.47P1161 was made by mentioning the "temporary need" only as well as by mentioning that with the start of rainy season, there is an increase in the agricultural activities like sowing, purchase of agricultural equipments, repairing of old agricultural equipments etc. Apart from that, the season of festivals is also starting, therefore movements of the people for going to the houses of their relatives is also on increase, therefore there is a temporary need. An objection was raised by petitioner, however Secretary RTA Bhopal by order dated 13/06/2024 held that there is possibility of increase in number of passengers on account of agricultural activities and various festivals, therefore it would be in the interest of people to issue temporary permit and accordingly, temporary permit to ply bus on Icchawar to Harda route was issued thereby making it valid from 06/06/2024 to 31/07/2024. 8. By referring to orders passed by this Court in the case of Vijay Yadav and Another Vs. State of M.P. and Others decided on 16/05/2024 in W.P. No.9690/2024 and Ajit Kumar Jain Vs. State of M.P. and Others decided on 28/05/2024 in W.P. No.12880/2024, it is submitted by counsel for petitioner that the reasons assigned by Secretary, RTA are not sufficient to issue a temporary permit and temporary permit cannot be issued by way of substitute of regular stage carriage permit. 9. State of M.P. and Others decided on 28/05/2024 in W.P. No.12880/2024, it is submitted by counsel for petitioner that the reasons assigned by Secretary, RTA are not sufficient to issue a temporary permit and temporary permit cannot be issued by way of substitute of regular stage carriage permit. 9. Per contra, petition is vehemently opposed by counsel for respondent No.3. 10. Heard learned counsel for the paries. 11. Section 87 of Motor Vehicles Act reads as under:- 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 permit of any vehicle in respect of that route or area, there is no transport vehicle of the same class with a valid permit in respect of that route or area, or there is no adequate number of such vehicles in respect of that route or area, for a period not exceeding the period of such suspension: Provided that the number of transport vehicles in respect of which temporary permits are so granted shall not exceed the number of vehicles in respect of which the issue of the permits have been restrained or, as the case may be, the permit has been suspended. 12. For the seasonal business like agricultural activities, for fair and religious gatherings, a temporary permit can be issued under Section 87(1)(a) and (b) of Motor Vehicles Act. Therefore, the reasons on which temporary permit has been issued under Section 87(1)(c) is not proper. This Court has regularly held that temporary permit cannot be used as a substitute of regular stage carriage permit and provision of Section 87 has been made with a solitary motive of meeting out the emergent exigencies only. 13. The Secretary RTA has not considered the total number of buses which are plying on the route in question. The Secretary, RTA has also not considered as to whether temporary needs disclosed by respondent No.3 would be covered by Section 87(1)(c) or 87(1)(a) and (b) of Motor Vehicles Act. 14. Under these circumstances, this Court is of considered opinion that the reasons which have been disclosed by respondent No.3 for issuance of temporary permit are not sufficient and even the Secretary RTA has not considered the application in proper perspective and in fact it appears that Secretary, RTA has issued the temporary permit as a substitute of regular stage carriage permit. 15. 15. Accordingly, order dated 13/06/2024 issued by Secretary, RTA Bhopal is hereby quashed. As a consequence thereof, the temporary permit which is valid up to 31/07/2024 is also hereby quashed. 16. Respondent No.3 is restrained from plying his bus No. M.P.47P1161 on the strength of temporary permit issued to him in compliance of order dated 13/06/2024. 17. Petition succeeds and is hereby allowed.