M/S Khemchand Virendra Kumar Jain vs State Of Madhya Pradesh And Others

Amit Seth, J

The petitioner has filed the instant writ petition under Article 226 of the Constitution of India, inter alia, claiming for the following reliefs:-

"7.1 That, it is humbly prayed that, the Hon'ble Court may kindly be pleased to allow this petition and issue writ of mandamus or certiorari or any other suitable writ order or direction, against the respondent no.2 to decide the pending application Annexure P/1 by holding meeting or through procedure of circulation as per Rule 65 (2) and (3) within a stipulate time.

7.2 That, the respondent no.3 may kindly be directed to consider the application and grant a temporary stage carriage permit Annexure P/2 under section 87 (1) (d) of Motor Vehicle Act, 1988 on route Chattarpur to Mauranipur in favour of petitioner for operating on notified route during the pendency on his renewal permit application in the interest of justice.

7.3 Any other reliefs including cost may be awarded to redress grievance of petitioner."

It is the case of the petitioner that his application (Annexure P/1), seeking renewal of regular interstate permit from Chattarpur to Mauranipur, as per terms of reciprocal transport agreement, is pending consideration before the competent authority, i.e., respondent No.2 since March 2025.

Learned counsel for the petitioner submits that for the same route, his application for grant of temporary permit (Annexure P/2), is also pending consideration before respondent No.3 and, therefore, respondent No. 2 & 3 may be directed to decide the aforesaid pending applications within specified time limit.

Learned State counsel does not have any objection to the innocuous prayer made by the petitioner.

In view of the above, the instant writ petition filed by the petitioner stands disposed of with direction to the petitioner to place certified copy of the order passed by this Court today before the respondent No.2 along with copy of writ petition and relevant annexures within a period of seven days from today and in turn, the respondent No.2 is directed to consider and decide the application of the petitioner (Annexure - P/1) for renewal of regular interstate permit as expeditiously as possible.

In the meantime, it is further directed that until such time the application for renewal of regular interstate permit is decided by the respondent No.2, the pending application of the petitioner for grant of temporary permit for the same route be decided by the respondent No.3 in terms of timeline prescribed in circular dated 04/06/2014, and the decision whereof be communicated to the petitioner, on the petitioner communicating/furnishing the copy of the order passed in the instant writ petition along with memo of writ petition and relevant annexures before respondent No. 3 within a period of seven days from today.

Needless to emphasize that this Court has not expressed any opinion on the merit of the case, and it shall be open for the authority to consider and decide the pending applications of the petitioner in accordance with law as per timeline prescribed therein.

Pending application (s), if any, shall stand closed.

Certified copy as per rules.