Madhya Pradesh High Court
WP/2131/2024 of SAJANDAS JAYENDRAI AND COMPANY PROP GHANSHYAM AGARWAL Vs THE STATE OF MADHYA PRADESH on 5 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE ANAND PATHAKON THE 5[th] OF FEBRUARY, 2024
WRIT PETITION No. 2131 of 2024
BETWEEN:-
SAJANDAS JAYENDRAI AND COMPANY PROPGHANSHYAM AGARWAL S/O LATE SHRI OMKARMALAGARWAL, AGED ABOUT 81 YEARS, OCCUPATION: BUSOPERATOR BHAINSDESHI DISTRICT BETUL (MADHYAPRADESH)
(BY SHRI GITESH MARWAHA - ADVOCATE)
.....PETITIONER
AND
(BY SHRI M.S. JADOUN - GOVERNMENT ADVOCATE)
.....RESPONDENTS
This petition coming on for hearing this day, the court passed the following:
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ORDER
1. The petitioner has raised a grievance that there is a ReciprocalTransport Agreement between the State of Madhya Pradesh and State of Maharashtra in regard to grant of State Carriage temporary PermitNo.1003/STA/2023 and 1004/STA/2023 from Sarni to Anjangaon (Inter-State)covered by vehicles No.MH20-DD-3651 valid w.e.f. 01.01.2024 to 30.04.2024.Despite the application made for counter-signature, the STA Maharashtra is notcounter-signing the permit nor permitting the petitioner to ply the vehicle in theportion of State of Maharashtra. As per the agreement dated 01.03.2007between the State of Madhya Pradesh and State of Maharashtra, such denial onthe part of respondent No.4 is unjust, arbitrary and illegal.
2. In view of such submissions, this petition is disposed of with adirection to respondents No.2 and 4 to take a decision on counter-signature ofthe permit under the provisions of Reciprocal Agreement notified dated01.03.2007 within a period of 30 days of receipt of a certified copy of theorder, which the petitioner shall be obliged to furnish to respondents No.2 and4 within 07 days from today and when such order is furnished, the authorities ofrespondents No.2 and 4 shall either counter-sign the permit if it fulfills therequirements of the agreement dated 01.03.2007 or shall communicate thereasoning for not counter-signing the permit to the petitioner, to which thepetitioner will be free to assail before the appropriate Forum. In the meanwhile,the petitioner will be permitted to ply his vehicle in accordance with terms andconditions of the permit and the said vehicle be not stopped on the ground ofnon-countersigning the permit by the State of Maharashtra subject to thecondition that petitioner complies with all other conditions of the permit.
C.C. as per rules.