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VINOD SAWARIYA v. THE STATE OF MADHYA PRADESH

Court: High Court of Madhya Pradesh

Judgment date:

Case summary

High Court of Madhya Pradesh judgment dated 2024-01-23. VINOD SAWARIYA v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE rd ON THE 23 OF JANUARY, 2024 WRIT PETITION No. 1118 of 2024 BETWEEN:- VINOD SAWARIYA S/O SHRI MOHANLAL SAWARIYA, AGED ABOUT 24 YEARS, OCCUPATION: BUS OPERATOR 47,55 NAVALPURA AMIT NAGAR COLONY BADWANI MP (MADHYA PRADESH) ..... PETITIONER (BY SHRI NEERENDRA SHARMA - ADVOCATE ) AND 1. THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, BHOPAL MP (MADHYA PRADESH) 2. STATE OF MAHARASHTRA THR. PRINCIPAL SECRETARY MUMBAI (MAHARASHTRA) 3. SECR ETARY STATE TRANSPORT AUTHORITY, MOTIMAHAL, GWALIOR MUMBAI (MAHARASHTRA) 4. SECR ETARY STATE TRNASPORT AUTHORITY MTNL BUILDING FOUNTAIN BUILDING 2 5TH FLOOR MG ROAD FORT MUMBAI, DISTT MUMBAI (MAHARASHTRA) ..... RESPONDENTS (BY SHRI S. S. KUSHWAHA - GOVT.

ADVOCATE) This petition coming on for admission this day, th e court passed the following: ORDER The petitioner has raised a grievance that there is a Reciprocal Transport Agreement between the State of Madhya Pradesh and State of Maharashtra in Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 24-Jan-24 6:33:34 PM regard to grant of State Carriage temporary Permit No. 997/STA/2023 from Indore to Mumbai (Inter-State) covered by vehicles No. MP46-P-0679 valid upto 30. 04. 2024. Despite the application made for counter-signature, the STA Maharashtra is not counter-signing the permit nor permitting the petitioner to ply the vehicle in the portion of State of Maharashtra. As per the agreement dated 01. 03. 2007 between the State of Madhya Pradesh and State of Maharashtra, such denial on the part of respondent No. 4 is unjust, arbitrary and illegal. In view of such submissions, this petition is disposed of with a direction to respondents No.

2 and 4 to take a decision on counter-signature of the permit under the provisions of Reciprocal Agreement notified dated 01. 03. 2007 within a period of 30 days of receipt of a certified copy of the order, which the petitioner shall be obliged to furnish to respondents No. 2 and 4 within 07 days from today and when such order is furnished, the authorities of respondents No. 2 and 4 shall either counter-sign the permit if it fulfills the requirements of the agreement dated 01. 03. 2007 or shall communicate the reasoning for not counter-signing the permit to the petitioner, to which the petitioner will be free to assail before the appropriate Forum. In the meanwhile, the petitioner will be permitted to ply his vehicle in accordance with terms and conditions of the permit and the said vehicle be not stopped on the ground of non-countersigning the permit by the State of Maharashtra subject to the condition that petitioner complies with all other conditions of the permit. C. C.

as per rules. (MILIND RAMESH PHADKE) Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 24-Jan-24 6:33:34 PM JUDGE ar Signature Not Verified Signed by: ABDUR RAHMAN Signing time: 24-Jan-24 6:33:34 PM

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.