Madhya Pradesh High Court
M/S San Shiv Travels vs Secretary Regional Transport ... on 26 November, 2018
1 WP-27033-2018
The High Court Of Madhya Pradesh
WP-27033-2018
(M/S SAN SHIV TRAVELS Vs SECRETARY REGIONAL TRANSPORT AUTHORITY)
2
Indore, Dated : 26-11-2018
Shri Prateek Patwardhan, learned counsel for the petitioner.
Ms. Bhakti Vyas, learned GA for the respondent/State.
The petitioner has filed the present petition alleging that the respondent No.1/Secretary, RTA, Indore is not passing any order on his application submitted for temporary permit from 30.10.2018 to 31.01.2019.
On application submitted by the petitioner, notices were issued on 16.10.2018 for inviting objections and thereafter till date final order has not been passed. The petitioner is apprehending that the respondents are not passing any order because of Model Code Conduct due to Assembly Elections, 2018.
By order dated 20.11.2018, this Court has directed the Govt. Advocate to obtain instructions as to whether during pendency of Model Code Conduct, grant of temporary permit can be given by the RTO.
Today, Govt. Advocate has produced copy of order dated 08.10.2018, passed by the Commissioner, Transport Authority, Madhya Pradesh by which certain directions have been issued to the RTA for passing the order during Model Code Conduct. Condition No.3 is reproduced below:
"iwo Z esa lap kfyr vLFkk;h vuqK k i=ksa dks] ;fn muds fo:) dksb Z vkifRr izk Ir gksd j lqu okbZ dh fLFkfr fufeZr u gks] rks fujar jrk esa Lohd`f r vkns' k tkjh fd;k tk ldrs gSA "
It is clear from the aforesaid condition that there is no bar in passing the order for extension of the existing temporary permission, if objections have not been received.
It is not clear from the record that whether in pursuant to the notice dated 16.10.2018, any objections have been received or not.
2 WP-27033-2018 The present petition is disposed of with a direction to the RTA, Indore to pass the final order within three days, on the application of the petitioner, if objections have not been received.
CC as per rules.
(VIVEK RUSIA) JUDGE Jasleen Digitally signed by Jasleen Singh Saluja Date: 2018.11.27 14:30:58 +05'30'