AJIT KUMAR JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

(2.) It is submitted by counsel for the petitioner that respondent no. 4 filed an application for grant of temporary permit on Sunwara to Jabalpur route. The Competent Authority while passing the impugned order has held that on account of Akshay Tritiya, agricultural works, medical facilities as well as court related works, it is necessary to provide a public conveyance for the benefit of passengers and accordingly, it was held that there is a temporary need.

(3.) Challenging the order passed by the Secretary, RTA, Jabalpur as well as temporary permit issued to respondent no. 4, it is submitted that Akshay Tritiya which is a religious requirement, is not covered under Sec. 87 (1) (c) but it would be covered by Sec. 87 (1) (a). Even if, it is presumed that there will be more flow of passengers on account of some religious occasion, then that particular temporary need would be for 2 or 3 days and temporary permit cannot be granted for two months. Furthermore, for agricultural activities, provision for grant of temporary permit is under Sec. 87 (1) (b). However, Secretary, RTA has granted temporary permit under Sec. 87 (1) (c) on the ground that apart from Akshay Tritiya and agricultural activities, passengers are in the need to commute for medical purposes as well as to attend the court cases.