Pending consideration, valid inter-State permit holders cannot be barred solely for want of countersignature.

The petitioners sought a direction requiring the Madhya Pradesh authorities to consider their application for countersignature of a renewed permanent permit for one daily trip on the Sagar–Jhansi inter-State route.

The permit, for vehicle No. UP-93-DT-3579, had been renewed by the State Transport Authority, Uttar Pradesh, which recommended countersignature by its Madhya Pradesh counterpart.

The petitioners stated that, despite submitting the application and prescribed fee, it remained undecided.

The petition was brought under Article 226 of the Constitution

1. Whether the authorities should be directed to consider the petitioners’ application for countersignature in accordance with the Reciprocal Transport Agreement and applicable law

2. Whether, pending consideration of the application, the petitioners could be prevented from operating the vehicle solely because countersignature had not yet been granted

The Court proceeded under its writ jurisdiction under Article 226 and applied the Reciprocal Transport Agreement dated 21 November 2006 between Madhya Pradesh and Uttar Pradesh, together with the applicable provisions of law.

It held that the application for countersignature must be considered in accordance with those requirements; countersignature was conditional on the petitioners fulfilling all requisite conditions.

The Court noted that the route was covered by the Reciprocal Transport Agreement and that Uttar Pradesh had renewed the permit and recommended countersignature.

It therefore directed the Madhya Pradesh authorities to consider the pending application under the agreement and applicable law, without itself determining that the petitioners were unconditionally entitled to countersignature.

To prevent the absence of a decision from alone obstructing operation, it granted interim protection, subject to the permit’s validity, its other conditions, and compliance with statutory requirements

If the petitioners satisfy all requisite conditions, the competent authority must countersign the permit within two weeks of receiving the certified order.

Subject to the permit’s validity and other conditions, the petitioners are not to be prevented from operating the vehicle solely because countersignature has not yet been granted.

They must submit a certified copy of the order to the competent authority within one week