Facts
The petitioner applied for a temporary stage carriage permit for an educational vehicle transporting children between their homes and Delhi Public School. The application remained undecided, and the petitioner sought a direction requiring Respondent No. 2 to consider it under Section 87(1)(c) of the Motor Vehicles Act, 1988.
Source reference: p.1, para. 2The State did not oppose that limited request.
Source reference: p.2, para. 3Issues
Whether Respondent No. 2 should be directed to consider and decide the petitioner’s pending application for a temporary permit under Section 87(1)(c) of the Motor Vehicles Act, 1988
Source reference: p.1, para. 2; p.3, para. 6Law Applied
Section 87(1) of the Motor Vehicles Act, 1988 empowers a Regional or State Transport Authority to grant a temporary permit, without following the procedure under Section 80, for a period not exceeding four months; Section 87(1)(c) covers a permit needed “to meet a particular temporary need”.
Source reference: p.2, para. 5A Madhya Pradesh Government circular dated 4 June 2014 directs that applications for temporary permits be decided within 10 days.
Source reference: p.2, para. 4Reasoning
The petitioner sought only a time-bound decision on its pending application, and the State raised no objection to that request.
Source reference: p.1, para. 2; p.2, para. 3In directing consideration, the Court required Respondent No. 2 to take account of Section 87(1)(c) and decide the application in accordance with law; it did not determine whether the petitioner qualified for a permit.
Source reference: p.3, paras. 6, 8Holding
The petition was disposed of with a direction to Respondent No. 2 to decide the petitioner’s pending representation within 10 days of receiving a certified copy of the order and communicate the outcome to the petitioner.
The petitioner may not ply the vehicle unless and until a permit is granted, and the Court expressed no opinion on the merits.
Source reference: p.3, para. 7; p.4, para. 8Acts & Sections Cited
6 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Motor Vehicles Act, 19886
Original Court PDF
Grikaet Society Its Unit Dps Delhi Public SchoolvsThe State Of Madhya Pradesh
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