Madhya Pradesh High Court
WP/2130/2024 of DHAWAL SINGH MANDLOI Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE ANAND PATHAKON THE 2[nd] OF FEBRUARY, 2024
WRIT PETITION No. 2130 of 2024
BETWEEN:-
DHAWAL SINGH MANDLOI S/O SHRI BHURSINGH,AGED 50 YEARS, OCCUPATION: BUS OPERATOR R/O47,55 NAVALPURA, AMIT NAGAR COLONY BADWANI(M.P. ) (MADHYA PRADESH)
(BY SHRI NEERENDRA SHARMA- ADVOCATE)
.....PETITIONER
AND
1.THE STATE OF MADHYA PRADESH THROUGHPRINCIPAL SECRETARY, TRANSPORTDEPARTMENT, BHOPAL (M.P. ) (MADHYAPRADESH)PRINCIPAL SECRETARY, TRANSPORTDEPARTMENT, BHOPAL (M.P. ) (MADHYAPRADESH)
2.THE STATE OF MAHARASHTRA THROUGHPRINCIPAL SECRETARY, TRANSPORTDEPARTMENT, MUMBAI (MAHARASHTRA)PRINCIPAL SECRETARY, TRANSPORTDEPARTMENT, MUMBAI (MAHARASHTRA)
3.SECRETARY STATE TRANSPORT AUTHORITYMOTIMAHAL, GWALIOR (MADHYA PRADESH)MOTIMAHAL, GWALIOR (MADHYA PRADESH)
4.THE SECRETARY STATE TRANSPORT AUTHORITYMTNL BUILDING FOUNTAIN BUILDING-2, 5THFLOOR MG ROAD FROT MUMBAI, DISTRICTMUMBAI (MAHARASHTRA)MTNL BUILDING FOUNTAIN BUILDING-2, 5THFLOOR MG ROAD FROT MUMBAI, DISTRICTMUMBAI (MAHARASHTRA)
.....RESPONDENTS
(BY SHRI MAN SINGH JADON- GOVERNMENT ADVOCATE FORRESPONDENT NO.1/STATE)
This petition coming on for admission this day, the court passed the following:
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ORDER
1 . T he petitioner has raised a grievance that there is a Reciprocal
Transport Agreement between the State of Madhya Pradesh and State ofMaharashtra in regard to grant of State Carriage temporary PermitNo.05/STA/2024 from Indore to Mumbai (Inter-State) covered by vehiclesNo.MP46P0578 valid w.e.f. 02.01.2024 to 30.04.2024. Despite the applicationmade for counter-signature, the STA Maharashtra is not counter-signing thepermit nor permitting the petitioner to ply the vehicle in the portion of State ofMaharashtra. As per the agreement dated 01.03.2007 between the State ofMadhya Pradesh and State of Maharashtra, such denial on the part ofrespondent 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.
3. C.C. as per rules.
Vishal
(ANAND PATHAK)JUDGE