Mohammad Izrail vs State Of Madhya Pradesh And Others

Sanjay Dwivedi, J

Learned counsel for the petitioner, by the instant petition filed under Article 226 of the Constitution of India, is challenging Annexures P/3 and P/4

whereby temporary permit has been granted to respondent No. 4 for plying the vehicle from Jabalpur to Khawasa.

Learned counsel for the petitioner is challenging the said temporary permit mainly on the ground that the petitioner is already having a permanent

permit to play the vehicle from Jabalpur to Chhindwara and the time schedule prescribed under the said permit for covering the distance from Jabalpur

to Chhindweara is almost the same as has been shown in the temporary permit granted in favour of respondent No.4. Learned counsel also points out

that the time span to cover the distance of one stoppage to another is also unreasonable and contrary to the provisions of Sections 112 and 183 of the

Motor Vehicles Act, 1988. He submits that in view of the law laid down by the Division Bench in the case of Tanshukhlal Talati Vs. State Transport

Appellate Tribunal reported in ILR 2012 MP 1872, such temporary permit cannot be granted. He submits that he is not in fact challenging the order of

granting temporary permit in favour of respondent No.4, but he is asking direction for the authority that while issuing temporary permit, all the aspects,

which have been deprecated by the Division Bench in the case of Tansukhlal (supra), be also taken note of and while granting temporary permit, if

any timing is overlapping then the objection of the petitioner, who is holding permanent permit, be considered.

Considering the aforesaid, this petition is disposed of directing licensing authority-respondent No. 3 to consider and decide the objection of the

petitioner within a period of 30 days from submitting certified copy of this order taking note of the observation made by the Division Bench in the case

of Tansukhlal (supra) and while granting temporary permit, all the relevant aspects be considered so as to avoid any illegality and irregularity in plying

the vehicles.

With the aforesaid, this petition is disposed of.