Madhya Pradesh High Court
WP/2069/2024 of AMIT GUPTA 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 GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKEON THE 5[th] OF FEBRUARY, 2024
WRIT PETITION No. 2069 of 2024
BETWEEN:-
AMIT GUPTA S/O SHRI RAJENDRA KUMAR GUPTA,AGED ABOUT 43 YEARS, OCCUPATION: BUS OPERATOR,R/O 256 GUMASTA NAGAR INDORE M P (MADHYAPRADESH)
(BY SHRI GITESH MARWAH - ADVOCATE)
.....PETITIONER
AND
3.THE SECRETARY STATE TRANSPORT AUTHORITYMOTIMAHAL, GWALIOR (MADHYA PRADESH)MOTIMAHAL, GWALIOR (MADHYA PRADESH)
(BY SHRI SOHIT MISHRA - GOVT. ADVOCATE )
.....RESPONDENTS
This petition coming on for admission this day, the court passed the following:
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ORDER
The petitioner has raised a grievance that there is a Reciprocal TransportAgreement between the State of Madhya Pradesh and State of Maharashtra in regard to grant of State Carriage Regular Permit No.1711/STA/STG/2017 fromSendhwa to Nandurwar via Khetiya, Shadha (Inter-State) covered by vehicleNo.MP09-FA-8190 valid upto 31.05.2027. Despite the application made forcounter-signature, the STA Maharashtra is not counter-signing the permit norpermitting the petitioner to ply the vehicle in the portion of State of Maharashtra.As per the agreement dated 01.03.2007 between the State of Madhya Pradeshand State of Maharashtra, such denial on the part of respondent No.4 is unjust,arbitrary and illegal.
In view of such submissions, this petition is disposed of with a directionto respondents No.2 and 4 to take a decision on counter-signature of the permitunder the provisions of Reciprocal Agreement notified dated 01.03.2007 withina period of 30 days of receipt of a certified copy of the order, which thepetitioner shall be obliged to furnish to respondents No.2 and 4 within 07 daysfrom today and when such order is furnished, the authorities of respondentsNo.2 and 4 shall either counter-sign the permit if it fulfills the requirements ofthe agreement dated 01.03.2007 or shall communicate the reasoning for notcounter-signing the permit to the petitioner, to which the petitioner will be free toassail before the appropriate Forum. In the meanwhile, the petitioner will bepermitted to ply his vehicle in accordance with terms and conditions of thepermit and the said vehicle be not stopped on the ground of non-countersigningthe permit by the State of Maharashtra subject to the condition that petitionercomplies with all other conditions of the permit.
C.C. as per rules.
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