Rajesh Shivhare Vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court 22 Jan 2026 Writ Petition No. 2802 Of 2026 (2026) 01 MP CK 0824
Bench: Single Bench
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition No. 2802 Of 2026

Hon'ble Bench

Amit Seth, J

Advocates

Himanshu Sharma, Yogesh Parashar

Acts Referred
  • Constitution Of India, 1950-Article 226
  • Madhya Pradesh Motor Vehicles Rules, 1994-Rule 65(2), 65(3)
  • Motor Vehicles Act, 1988-Section 87(1)(c)

Judgement Text

Translate:

Amit Seth, J

1. Heard on the question of admission.

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

"(i) Issue an appropriate writ, order, or direction, directing the respondents to forthwith decide the petitioner's pending application dated 14-01-2026 (Annexure P/1) for fresh permanent stage carriage permit on Burhanpur to Shirdi route expeditiously along with the application of co-applicants, either by holding a meeting or by adopting the "procedure by circulation" as provided under sub-rules (2) and (3) of Rule 65 of the Madhya Pradesh Motor Vehicles Rules, within such stipulated time as may be prescribed by this Hon'ble Court, and in accordance with law.

(ii) The respondent No.3 may kindly be directed to consider and decide the temporary stage carriage permit application dt. 16-01-2026 (Annexure-P/2) under Section 87(1)(c) of the Motor Vehicles Act, 1988 on the Burhanpur to Shirdi route, in favour of the petitioner for operating on the notified reciprocal route between the States of Madhya Pradesh and Maharashtra, during the pendency of his fresh permanent stage carriage permit application.

(iii) That the other relief doing justice, including cost, be awarded. "

2. It is the case of the petitioner that his application (Annexure P/1), seeking grant of regular interstate permit from Burhanpur to Shirdi route, as per terms of reciprocal transport agreement, is pending consideration before the competent authority, i.e., respondent No.2 since 14.01.2026.

3. 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.

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

5. 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 grant of regular interstate permit as expeditiously as possible, if required in terms of Rule 65 (2) and (3) of the Madhya Pradesh Motor Vehicle Rules, 1965.

6. In the meantime, it is further directed that until such time the application for grant of regular permit is decided by the respondent No.2, the pending application of the petitioner (Annexure-P/2) 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.

7. 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.

Certified copy today.

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