Dharmendra Kumar Singh vs State of M.P.

Heard.

The petitioner has filed this petition against the order dt. 3rd April 2014 passed by the State Transport Appellate Tribunal in Revision No. 235/2013.

The petitioner applied for grant of a permit of an interstate route from Bhind to Auraiya via Umri, Mihona, Bangra, Kunthod. It is an inter-state route in accordance with the reciprocal agreement entered into between the State of M.P. and State of U.P. The route was mentioned at S. No. 154 in the gazette notification dt. 21.11.2006. The State of U.P. fixed following timing of the permit of the petitioner at the time of counter signature:-

The aforesaid timing was changed by the State of M.P. at the time of issuance of permit and the authority has fixed the following timings:-

Respondent No. 3 raised an objection before the State Transport Authority M.P. that it had no power and authority to change the timings in regard to the route which is partly within the territory of State of U.P. contrary to the timings fixed by the State Transport Authority UP. On this ground, the State Transport Appellate Tribunal set aside the grant of permanent permit in favour of the petitioner.

It is a fact as is clear from the perusal of both the timings as fixed by the State of U.P. and State of M.P. that there is some change in the timings. It is submitting that the route of the permit is Bhind, Umri, Mihona, Bangra, Kunthod and Auraiya. Umri and Mihona comes after Bhind, however, in the timing fixed by the State Transport Authority U.P. after Auraiya, Kunthod, Umri, Madhogarh, Bangra, Mihona are mentioned and thereafter Bhind has been mentioned. Umri is situated between Bhind and Mihona. It appears that due to some oversight, State Transport Authority U.P. has fixed the timing. Clearly it is a clerical error, however, the timings in regard to departure and arrival are the same in accordance with State Transport Authority U.P. and State Transport Authority M.P.

In this view of the matter, impugned order dt. 3.4.2014 (Annexure P/1) is set aside. It is ordered that the petitioner shall submit an application before the State Transport Authority, U.P. in regard to correction of timings in Annexure P/3 and the State Transport Authority UP shall decide the same within a period of four weeks. Up to that period, the petitioner shall be permitted to ply the vehicle on the permit, which has been issued in favour of the petitioner by the State Transport Authority M.P. and it shall be treated valid. Petition is disposed of accordingly.

No order as to costs.