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Judgment
B. Sri Atchutananda Swamy, J.—This writ petition is filed seeking a direction to the respondent to grant temporary permit in favour of the petitioner to ply her stage carriage bus bearing No. APT. 2264 on the Kakinada town service route - Kakinada Shanthi Nivas Lodge to Samalkota Gandhi Statue, Achutapuram Gate for a period of four months commencing from 27-03-97 to 27-07-97. It is not disputed that the petitioner was granted temporary permit once for a period of four months as per statutory provisions and the same is going to expire on 26-03-97. In the meantime, the petitioner seemed to have filed an application on 15-3-97 to grant fresh permit in view of the language employed in Section 87 of the M.V. Act, 1988 which gives an impression that each application for grant of temporary permits has to be considered as fresh applications and to pass orders. But in my view, when once a temporary permit is granted it is nothing but a renewal of the temporary permit for another period of four months as contemplated under the Act. At this stage, Govt. Pleader contends that temporary permits will be given to meet a particular situation more so in the circumstances that are contemplated Section 87 Clauses (a), (b), (c) & (d) which reads as follows:
"(a) for the conveyance of passengers on special occasions such as to and fro fairs and religious gatherings, or
(b) for the purposes of a seasonal business, or
(c) to meet a particular temporary need, or
(d) pending decision on an application for the renewal of a permit, and may attach to any such permit such condition as it may think fit: Provided that a Regional Transport Authority or, as the case may be, State Transport Authority may, in the case of goods carriages, under the circumstances of an exceptional nature, and for reasons to be recorded in writing, grant a permit for a period exceeding four months, but not exceeding one year."
From this it is evident that a temporary permit can be given when once the R.T.O. came to the conclusion that there is temporary need and the same shall continue until and unless there is a change in the circumstances. In the circumstances that came to notice of R.T.O., whether it is an application for temporary permit or an application for renewal, the position for grant of temporary permit remains the same.
In the light of the view taken by me the respondent is directed to consider the application of the petitioner dated 15-03-97 and pass orders in accordance with law i.e., either to issue temporary permit or reject it for the reasons to be recorded in writing. As the permit period is going to expire by 26-03-97 the respondent shall pass appropriate orders in accordance with law within one week from the date of receipt of the order. In the meantime, the respondent shall permit the petitioner to ply her vehicle on the routes mentioned above.
With the above directions the writ petition is disposed of. No costs.