LAWS(MPH)-2011-8-181

SHANKAR LAL GOVINDWANI Vs. STATE TRANSPORT

Decided On August 01, 2011
Shankar Lal Govindwani Appellant
V/S
STATE TRANSPORT Respondents

JUDGEMENT

(1.) We have heard learned counsel for the petitioner. The matter relates to an inter-state permit of State Carriage covering Madhya Pradesh and Uttar Pradesh.

(2.) According to the learned counsel for the petitioner, since his application for grant of a regular permit is pending, therefore, a temporary permit should be issued to the petitioner under Section 87(1) (d) of the Motor Vehicles Act 1988.

(3.) While it is true that Section 87 (1) (d) permits grant of temporary permit pending decision on an application for renewal of regular permit, but in our opinion this provision cannot be utilized to grant a temporary permit where under the existing or prevailing conditions a regular permit cannot possibly be granted. What cannot be done directly that cannot be done indirectly.