NITIN MALVIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) According to learned counsel for the petitioner, the matter pertains to counter signature to be made by the respondent No.4/Secretary, State Transport Authority of Maharashtra Mumbai. He specifically submits that a Reciprocal Transport Agreement between State of Madhya Pradesh and Maharashtra entail the counter signatures but by not singing it, the right to pursue occupation is at stake. He further submits that State of M.P. and State of Gujrat are in unison in respect of Reciprocal Transport Agreement and therefore, once the State of Maharashtra would counter sign the permit, then only, further compliance would be ensured on behalf of Gujrat while making counter signature over the permit.

(2.) Present petitioner who is bus operator has preferred this petition seeking direction in respect of execution of counter signature over Reciprocal Transport Agreement by the State of Maharashtra.

(3.) Grievance as echoed by learned counsel for the petitioner is that on behalf of respondents a Reciprocal Transport Agreement between State of Madhya Pradesh and Maharashtra exists in respect of grant of State Carriage Temporary Permit. Petitioner preferred an application for temporary permit before the State of Madhya Pradesh which was duly signed and approved by the State but counter signature on behalf of State of Maharashtra has not been made and it is creating problem for the petitioner to the extent of violation of Fundamental Rights as enshrined under Articles 19 and 21 of Constitution of India as in absence of counter signature, petitioner could not ply his vehicle in the territory of Maharashtra. As per agreement dated 01-03-2007 between the State of Madhya Pradesh and Maharashtra, such denial on the part of respondent No.4 State of Maharashtra is illegal, arbitrary and unreasonable. Learned counsel for the petitioner further placed the order dated 31-01-2018 passed in Writ Petition No. 2465/2018 and seeks parity. According to him, petition can be disposed of with a direction to the State of Maharashtra as given into the said order.