Madhya Pradesh High Court
Kunal Yadav vs The State Of Madhya Pradesh on 8 April, 2025
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA PRADESH
A T G WA L I O R
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
WRIT PETITION No. 7351 of 2025
KUNAL YADAV & ORS.
Versus
THE STATE OF MADHYA PRADESH & ORS.
Appearance:
Shri N K Gupta - Senior Advocate with Shri Yashasvi Pratap Singh
Rathore- Advocate and Shri Ishwar Singh Jadon - Advocate and Shri Santosh
Agrawal - Advocate for petitioners.
Shri B M Patel - G.A. for respondent/State.
Shri Gitesh Marwah - Advocate and Shri Neerendra Sharma -
Advocate for respondent [R-5].
-------------------------------------------------------------------------------
Reserved on : 27.03.2025
Delivered on : 08.04.2025
-------------------------------------------------------------------------------
ORDER
This petition under Article 226 of the Constitution of India is directed against the order dated 13.01.2025 passed by Secretary, State Transport Authority, M.P. whereby time-table to play stage carriage vehicle on interstate route Indore to Jalgaon was changed without there being any powers of review as provided under the statute as after granting permit there was coram non judice and the authority chould not have reviewed its own order and changed the timings.
2. Learned senior counsel has argued before this Court that under the Motor Vehicle Act, there is no provision of review and change of timing and the same does not come within the purview of condition under Section 80 (3) of Motor Vehicle Act, therefore, change of timing in the permit as Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/16/2025 2:43:31 PM 2 granted to respondents No.4 and 5 by respondent No.3/Secretary, State Transport Authority was totally without jurisdiction, therefore, deserves to be set-aside.
3. It was further argued that review and revision is creature of statute and the authority can not act beyond the powers given under the statute and admittedly when the Motor Vehicle Act does not provide any power for review, learned State Transport Authority had no jurisdiction to review its earlier order of grant of permit and change the timings.
4. It was further argued that petitioner is not objecting to the plying of stage carriage by respondents No.4 and 5 on the route from Indore to Jalgaon but is aggrieved by change of timings which amounts to clash with the timings of petitioner on various stoppage which would create unhealthy business competition, therefore, the said order deserves to be quashed. Learned senior counsel has placed reliance on the order passed by the Coordinate Bench on 20.02.2020 passed in W.P. No. 14117/2019 (M/s. Trivedi Bus Service through Yogendra Trivedi Vs. Transport Department and Others), order dated 28.05.2024 passed in W.P. No. 14666/2024 (Smt. Amanpeet Kapoor Vs. The State of Madhya Pradesh & ors.) (affirmed by the Division Bench of this Court in W.A. No.1683 of 2024 vide order dated 31.07.2024), order passed by the Coordinate Bench in W.P. No. 18823/2022 (Ashok Kumar Gupta Vs. The State of Madhya Pradesh & ors.) on 30.11.2022, order dated 11.05.2023 passed in M.P. No. 367 of 2023 (Upendra Kumar Sullere Vs. The State of Madhya Pradesh & ors.), order passed by this Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/16/2025 2:43:31 PM 3 Court in W.P. No. 28006 of 2024 (Himansu Adya Vs. The State of Madhya Pradesh & ors.) on 21.09.2024, order dated 17.02.2021 passed by the Coordinate Bench at Indore in W.P. No. 15956 of 2020 (Ritesh Khandelwal Vs. State of M.P. & Anr.) and has submitted that in all these aforesaid matters, it has been held that there is no express provision under the Motor Vehicle Act which confers any power of review upon Regional Transport Authority/State Transport Authority.
5. It was further argued that so far as provisions of Section 72 (2)(xxii) is concerned, powers have been accorded to the Regional Transport Authority/State Transport Authority to vary the conditions of the permit or attach to the permit further conditions with a rider that conditions provided in clause (i) sub-section 2 of Section 72 shall not be varied so as to alter the distance covered by the original route by more than 24 kilometers, and any variation within such limits shall be made only after the Regional Transport Authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or any part thereof, thus, the aforesaid provision read in conjunction with Rule 77 of M.P. Motor Vehicle Rules, 1994 and Section 80 of sub-section (3) of Motor Vehicle Act would clearly goes to show that though certain conditions of the permit can be varied but the timings once granted cannot be reviewed and varied. It was, thus, submitted that the order varying the timings of plying the vehicles of respondents No. 4 and 5 is per se illegal and Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/16/2025 2:43:31 PM 4 therefore, deserves to be quashed.
6. Per contra, learned counsel for respondent No.5 supported the impugned order and argued that the powers of State Transport Authority is akin to the powers of Regional Transport Authority as the jurisdiction of Regional Transport Authority is limited to an area but the powers of State Transport Authority is extended to grant interstate permit and has wide amplitude. Under the provisions of Section 72 of Motor Vehicle Act r/w Rule 77 of Motor Vehicle Rules, 1994, the Regional Transport Authority is empowered to grant permit subject to certain conditions as provided under the aforesaid section and Rule and vary the condition which includes change of timings as per clause XXII of sub-section 2 of Section 72. As per Clause XXII of sub-section 2 of Section 72 of Motor Vehicle Act, the Regional Transport Authority may after giving notice of not less than one month vary the conditions of the permit or attach to the permit further conditions, thus, when the statute itself gives powers to the Authority to alter the conditions of the permit, it cannot be said that any illegality has been committed which includes time-table vide clause (V) of sub-section 2 of section 72, hence, it cannot be said that Regional Transport Authority had no power to review its order or modify the timings or conditions of permit. It was, thus, submitted that no illegality has been committed by the Secretary, State Transport Appellate Tribunal in changing the timings of permit granted in favour of respondent No.5 To bolster his submissions in the aforesaid regard, reliance was placed on the decision rendered Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/16/2025 2:43:31 PM 5 by the Full Bench of Andhra Pradesh High Court in K.Pamanna Vs. The State Transport and Appellate Tribunal reported in AIR 1992 Andhra Pradesh 368 and the decision of Division Bench of this Court at Indore rendered in M.P. No.434/76 (Satyanarayan Vs. State Transport Appellate Tribunal) dated 13.12.1976.
7. None for the respondent No.4 even after service of notice.
8. Learned Government Advocate also while supporting and canvassing the arguments in line with the arguments as advanced by learned counsel for respondent No.5 submitted that since there is an alternative efficacious remedy available to the petitioner by way of revision before State Transport Appellate Tribunal which is now functioning, therefore, the matter requires to be relegated back to State Transport Appellate Tribunal for adjudication on merits, thus prayed for dismissal of present petition.
9. Heard counsel for the parties and perused the record.
10. Section 72 of Motor Vehicle Act, 1988 provides for grant of stage carriage permit on certain conditions. The conditions to be appended to the permit enumerated under sub- section 2 which reads as under:-
(i) that the vehicles shall be used only in a specified area, or on a specified route or routes;
(ii) that the operation of the stage carriage shall be commenced with effect from a specified date;
(iii) the minimum and maximum number of daily trips to be provided in relation to any route or area generally or on specified days and occasions;Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/16/2025 2:43:31 PM 6
(iv) that copies of the time-table of the stage carriage approved by the Regional Transport Authority shall be exhibited on the vehicles and at specified stands and halts on the route or within the area;
(v) that the stage carriage shall be operated within such margins of deviation from the approved time-table as the Regional Transport Authority may from time to time specify;
(vi) that within municipal limits and such other areas and places as may be prescribed, passengers or goods shall not be taken up or set down except at specified points;
(vii) the maximum number of passengers and the maximum weight of luggage that may be carried on the stage carriage, either generally or on specified occasions or at specified times and seasons;
(viii) the weight and nature of passengers' luggage that shall be carried free of charge, the total weight of luggage that may be carried in relation to each passenger, and the arrangements that shall be made for the carriage of luggage without causing inconvenience to passengers;
(ix) the rate of charge that may be levied for passengers' luggage in excess of the free allowance;
(x) that vehicles of a specified type fitted with body conforming to approved specifications shall be used: Provided that the attachment of this condition to a permit shall not prevent the continued use, for a period of two years from the date of publication of the approved specifications, of any vehicle operating on that date;
(xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles;
(xii) the conditions subject to which goods may be carried in the stage carriage in addition to or to the exclusion of passengers;
(xiii) that fares shall be charged in accordance with the approved fare table;
(xiv) that a copy of, or extract from, the fare table approved by the Regional Transport Authority and particulars of any special fares or rates of fares so approved for particular occasions shall be exhibited on the stage carriage and at specified stands and halts;
(xv) that tickets bearing specified particulars shall be issued to passengers and shall show the fares actually charged and that records of tickets issued shall be kept in a specified manner; (xvi) that mails shall be carried on the vehicle subject to such Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/16/2025 2:43:31 PM 7 conditions (including conditions as to the time in which mails are to be carried and the charges which may be levied) as may be specified;
(xvii) the vehicles to be kept as reserve by the holder of the permit to maintain the operation and to provide for special occasions;
(xviii) the conditions subject to which vehicle may be used as a contract carriage;
(xix) that specified arrangements shall be made for the housing, maintenance and repair of vehicle; (xx) that any specified bus station or shelter maintained by Government or a local authority shall be used and that any specified rent or fee shall be paid for such use; (xxi) that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority;
(xxii) that the Regional Transport Authority may, after giving notice of not less than one month,--
(a) vary the conditions of the permit;
(b) attach to the permit further conditions:
Provided that the conditions specified in pursuance of clause
(i) shall not be varied so as to alter the distance covered by the original route by more than 24 kilometers, and any variation within such limits shall be made only after the Regional Transport Authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or any part thereof;
(xxiii) that the holder of a permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may from time to time prescribe;
(xxiv) any other conditions which may be prescribed.
11. Rule 77 of M.P. Motor Vehicle Rules, 1994 provides for additional conditions in respect of certain permits which are quoted herein-below:-
"77. Additional conditions in respect of certain permits.
(1) In addition to the conditions prescribed in sub-section (2) of Section 72, the Regional Transport Authority or State Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/16/2025 2:43:31 PM 8 Transport Authority granting a stage carriage permit may attach any of the following conditions, namely :-
(i) that the permit holder, shall not use the stage carriage in a public place for the purpose of carrying or intending to carry passengers unless it carries in addition to the driver, a conductor who holds an effective conductor's licence issued under Chapter III of the Act.
(ii) that there shall be exhibited on the vehicle adequate particulars indicating to the public the place to which and the route by which the vehicle is proceeding.
(iii) that the service shall be regularly operated on the specified route in accordance with the approved time table except-.
(a) when prevented by accident, unmotorability of the route, or any unavoidable cause; and
(b) when otherwise authorised in writing by the Regional Transport Authority.
(1a) In order to ensure safe, secure and convenient transport services to the passengers, the permit granting authority while granting a stage carriage permit shall abide the following conditions, namely :-
(i) that no stage carriage permit shall be granted on interstate route to a vehicle which has completed 10 years from the manufacture year;
(ii) that no stage carriage permit shall be granted for ordinary route within the State to a vehicle which has completed 15 years from the year of manufacture;
(iii) that no stage carriage permit shall be granted for any route to the vehicle which has completed 20 years from the year of manufacture;
(iv) that for long distance route of 150 k.m. or above in a single trip, the following category of vehicles with seating capacity shown against each shall be permitted to ply :-
Deluxe/Air not less than 35 + 2 seats, excluding 1 conditioned bus driver and conductor not less than 45 + 2 seats, excluding driver 2 Express bus and conductor not less than 50 + 2 seats, excluding driver 3 Ordinary bus and conductor.
(1b) The restriction imposed by sub-rule(1a) in so far as they are related to the stage carriages registered before the coming into force of said sub-rule, shall not be operative Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/16/2025 2:43:31 PM 9 for a period of four months from the date of commencement of the sub rule, that is 24th November, 2010.] [Inserted by Notification No.F.1-6-2009-VIII dated the 26.3.2011, published in Madhya Pradesh Rajpatra (Asadharan) Dated 26.3.2011 Page 245 (w.e.f. 6.8.1994).] (1c) In order to ensure and convenient transport services to the passengers on the rural route, the permit granting Authority, while granting/renewal of Stage Carriage Permit or at any time may impose the following condition, namely: -The Permit holder shall operate the service after obtaining the permit for rural route along with the permitted route.] [Inserted by Notification dated 13.11.2017, published in M.P. Government Gazette (Extraordinary), dated 13.11.2017 (w.e.f. 6.8.1994).] (2) A permit in respect of a public service vehicle may be subject to the conditions that its holder shall make provision on such vehicle for the conveyance of a reasonable quantity of passenger's luggage with efficient means for securing it and protecting it against rain. (3) A permit in respect of a goods carriage may be subject to one or more of the following conditions :-
(i) that the vehicle shall not be used for the conveyance of any class or description of goods in contravention of any law or any rule or order made thereunder prohibiting or regulating the import, export, or transport of such goods;
(ii) that the number of persons to be carried in the vehicle shall not exceed the number which may be specified in the permit;
(iii) that no goods shall be picked up or set down between any two points lying wholly within the countersigning state. (4) It shall be a condition of every permit that taxes shall be paid in respect of the vehicle in accordance with the provisions of the Madhya Pradesh Motor Yan Karadhan Adhiniyam, 1991 (No. 25 of 1991) and the rules made thereunder. When the Transport Authority has suspended a permit for non-payment of tax the order of suspension shall be in force as long as the tax remains unpaid and shall become inoperative immediately on payment of the tax due on the vehicle."
12. Clause (i) to (xxi) of sub-section 2 of Section 72 of Motor Vehicle Act, 1988 does not provide any express provision conferring power of review upon Regional Transport Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/16/2025 2:43:31 PM 10 Authority. From the aforesaid clauses, it is also clear that except for margins of deviation from the approved time-table as specified, there is no clause which empowers the authority thereunder to change the timings which had been once offered and accepted. Thus, according to this Court, it cannot be held that timings is one of the conditions for grant of stage carriage permit.
13. The only exception is provided under sub-section 3 of section 80 of Motor Vehicle Act, 1988 in which certain variation in the conditions of permit can be done on an application but that too is limited to inclusion of a new route or routes or a new area or by altering the route or routes or area covered by it or by increasing number of trips above the specified maximum or by the variation, extension or curtailment of the route or routes of the area specified in the permit but in such a condition, the application shall be treated as an application for grant of new permit. Thus, there is no cavil of doubt that there is no express provision conferring power of review upon the Authority under the Act. The only power which is accorded by clause (xxii) of sub-section 2 of section 72 is to vary the conditions of permit or attach to the permit further conditions which does not include timings. Under such circumstances, the objections as raised by the petitioners are sustainable.
14. So far as the availability of alternative remedy of revision is concerned, the impugned order in effect suffers from vice of coram non judice, in the light of judgment of Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/16/2025 2:43:31 PM 11 Hon'ble Apex Court rendered in Whirlpool Corporation Vs Registrar of Trade Marks reported in 1998 (8) SCC 1, the said remedy cannot be said to be a bar, as a result, since there is no power of review available to the State Transport Authority, the impugned order dated 13.01.2025 passed by Secretary, State Transport Authority is hereby set-aside. The present petition is allowed, as a natural corollary, the earlier timings granted to respondents No.4 and 5 to ply their vehicles shall remain in operation.
15. With the aforesaid, this petition stands disposed of.
(MILIND RAMESH PHADKE)
ojha JUDGE
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 4/16/2025
2:43:31 PM