KAPIL KUMAR AGARWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant has filed this appeal under the provisions of Section 2 (1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, being aggrieved by the order dt.20.09.2018, whereby learned Single Judge has dismissed M.P.No.3672/2018 filed by the petitioner challenging grant of temporary route permit between Gondia to Lanji by the State of Maharashtra despite petitioner having a permanent permit on the said route to ply a passenger bus on the ground that respondents No.1 to 3 have exceeded the limit of permits provided under the Reciprocal Agreement (Annexure P/3), which prescribes at entry No.86 for grant of maximum two permits on Gondia- Lanji route under the Reciprocal Transport Agreement, as was notified in the gazette of Madhya Pradesh on 1 st March 2007.

(2.) Learned counsel for the appellant submits that no permit including the temporary permit could have been issued in favour of a third party prejudicing permanent permit granted in favour of appellant on Gondia-Lanji route. It is also submitted that subsequent notification dt.2.7.2010 has also notified two permits on Gondia-Lanji route for maximum six trips and since the State of Maharashtra has already issued two permits for six trips and permit holders are plying their buses over the said route, therefore, authorities can not permit plying of vehicle more than the prescribed trips in the Reciprocal Agreement, which is a statutory agreement under the provisions of Motor Vehicles Act, 1988 (hereinafter shall be referred to as the "Act of 1988"). It is also submitted that respondent No.4 has been given a temporary permit for two trips daily by the State of Maharashtra for the same route w.e.f. 1.4.2018 to 31.7.2018 and definition of 'permit', as defined under Section 2 (31) of the Act of 1988 includes temporary permit, therefore, no permit could have been issued in exercise of such Reciprocal Agreement.

(3.) Section 2 (31) of the Act of 1988 defines "permit", which says that "permit" means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf under this Act authoirising the use of a motor vehicle as a transport vehicle.