Mohammad Anees vs The State Of Madhya Pradesh

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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 7 OF SEPTEMBER, 2026
WRIT PETITION No. 35152 of 2026
MOHAMMAD ANEES
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Man Singh Jadon - Advocate for the petitioner.
Shri Dharmendra Nayak - Govt. Advocate for the respondent/State.
ORDER
This petition under Article 226 of the Constitution of India has been
filed by the petitioner seeking following reliefs:-
"7.1 That, it is humbly prayed that, the Hon'ble Court may kindly be pleased to allow this
petition and issue writ of mandamus or certiorari or any other suitable writ order or
direction against the respondent no.2 and 3 to consider and grant permit Annexure P/1 on
route Nimbaheda to Arnod in favour of petitioner for operating on notified route within a
stipulated time in the interest of justice.
7.2 That, the hon,ble court may kindly be pleased to also direct the respondents no.2 and 3
not to stop the vehicle of petitioner on the ground of non-countersigning of the permits.
7.3 Any other reliefs as this Hon'ble Court deem fit to redress grievance of petitioner."
Learned counsel for the petitioner submits that the petitioner is
operating a stage carriage vehicle on the inter-State route Nimbaheda to
Arnod (two single trip daily) on the strength of permit No.4620/96. It is
submitted that the petitioner submitted an application (Annexure P/1) before
the competent authority for grant of countersignature and the requisite fee
and documents have also been furnished. It is further submitted that the
Transport Authority, Rajasthan has also forwarded a recommendation for
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 9/8/2026
5:07:26 PM

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countersignature to the State Transport Authority, Gwalior, but despite the

same, no decision has been taken on the petitioner's application.
Consequently, the vehicle of the petitioner is lying idle and the petitioner is
suffering financial loss. Learned counsel submits that the grievance of the
petitioner is squarely covered by the order passed by this Court in W.P.
No.28296 of 2026 and, therefore, a similar direction may be issued in the
present case.
Per contra, learned Government Advocate appearing for the State
submits that the respondent authorities have no objection if the competent
authority is directed to consider and decide the petitioner's pending
application in accordance with law.
Heard learned counsel for the parties and perused the material
available on record.
The grievance raised by the petitioner is limited in nature. The
petitioner seeks consideration and decision upon his pending application for
countersignature of the permit. The issue involved in the present petition is
substantially covered by the order dated 27.07.2026 passed by this Court in
W.P. No.28296 of 2026, wherein, in similar circumstances, the competent
authority was directed to consider and decide the pending application in
accordance with law, keeping in view the order dated 18.12.2023 passed in
W.P. No.30969 of 2023, preferably within a period of two weeks from the
date of receipt of the certified copy of the order. It was further directed
therein that in case the application was not decided within the stipulated
period, the petitioner would be at liberty to ply the vehicle within the State,
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 9/8/2026
5:07:26 PM

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subject to statutory restrictions and in accordance with law, until the

application was duly considered and decided.
In view of the aforesaid order and the fact that the case of the present
petitioner stands on the same footing, this Court finds it appropriate to
dispose of the present petition in terms of the directions contained in W.P.
No.28296 of 2026.
Accordingly, the present petition is disposed of with a direction to the
competent respondent authority to consider and decide the petitioner's
pending application (Annexure P/1), in accordance with law and keeping in
view the order dated 18.12.2023 passed in W.P. No.30969 of 2023, as
expeditiously as possible, preferably within a period of two weeks from the
date of receipt of a certified copy of this order.
It is further directed that, in the event the competent authority fails to
decide the petitioner's application within the aforesaid period, the petitioner
shall be at liberty to ply his vehicle within the State, subject to statutory
restrictions and in accordance with law, until the application is duly
considered and decided by the competent authority.
It is made clear that this Court has not expressed any opinion on the
merits of the matter.
With the aforesaid directions, the present writ petition stands disposed
of.
(MILIND RAMESH PHADKE)
JUDGE
Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 9/8/2026
5:07:26 PM

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ojha


Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 9/8/2026
5:07:26 PM