MAHENDRA GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Whether approved for reporting

(2.) The petitioner submitted an application on 17112005 for grant of Stage Carriage Permit before the Transport Authority. On the aforesaid application, Case No.356/STA/2005 was registered. The petitioner had also filed an application on 14082008. The petitioner was granted a permanent permit on an interstate route Gwalior to Jhansi two trips daily vide order dated 08102008. The permit was valid upto 31/01/2014. The respondent No.3 challenged the aforesaid order of grant of permit by filing a revision before the respondent No.2. The transport authority vide impugned order quashed the grant of permit on the ground that the petitioner submitted application for grant of permit on 17112005 on an interstate route from Gwalior to Jhansi. The aforesaid route was came in to existence in accordance with the agreement between two States [ State of MP & State of U. P.] vide agreement dated 21/11/2006. Hence, the permit could not be granted to the petitioner for a route which was not in existence when the application was submitted.

(3.) It is an admitted fact that an agreement was entered into between State of M. P. and State of U. P. Copy of the agreement has been filed as Annexure P8, dated 21st November, 2006 and it was published in the extraordinary Gazette. GwaliorJhansi via Dabra, Datia interstate route has been mentioned at Serial No.47. At serial No.47 of the Appendix persists the agreement. It is also a fact that the petitioner submitted an application for grant of permanent permit on 17112005 for the same route. At that time, in accordance with the reciprocal agreement and in accordance with the number of permits and number of trips, the petitioner could not be granted permanent permit. However, after subsequent reciprocal agreement, the number of permits and number of trips have been increased. The route on which the petitioner was granted permanent permit was not in existence prior to enter the reciprocal agreement i. e. 21112006.