VIJAY SHUKLA Vs. STATE OF MP AND OTHERS

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This petition under Article 226 of the Constitution of India has been filed, seeking a direction to the State of Maharashtra and Secretary, State Transport Authority, Bandra, Mumbai (Maharashtra) to countersign the Stage Carriage Permit (Annexure P1) granted to the petitioner by the Secretary, S.T.A., M.P. (Respondent No.3) in the light of reciprocal transport agreement, executed between the State of M.P. and Maharashtra for plying the vehicle/bus bearing Registration No.MP 45P1167 over the interstate route Betul to Nagpur-via-Multi, Pandurna.

(3.) It is submitted by the counsel for the petitioner that as per the provisions of Reciprocal Agreement and Section 88 of Motor Vehicles Act, the permit issued by the State Authority is required to be counter-signed by another State Authority for plying the vehicle over the route. The application filed by the petitioner for grant of permanent Stage Carriage Permit is pending for consideration before the respondent No.1, therefore, the petitioner had applied for grant of temporary permit for plying the vehicle over the aforesaid route for the period from 10th October, 2018 to 31st January, 2019 and the same was allowed and a request was made by the respondent No.3 to respondent No.4 for countersigning the permit (Annexure P2). In compliance of aforesaid permit as well as the letter, the petitioner applied for counter-signature before the respondent No.4 (Secretary, State Transport Authority, Bandra, Mumbai) after depositing requisite fees. It is submitted by the counsel for the petitioner that the petitioner's application for counter-signature is pending before respondent No.4(Secretary, State Transport Authority, Banda, Mumbai) though the petitioner is having valid permit issued by State of Madhya Pradesh. As the respondent No.4 is not countersigning the vehicle in spite of deposit of requisite fees, therefore, this petition is filed at the instance of petitioner by seeking the following reliefs:-