VIJAY VARDHAN DANDRIYAL Vs. STATE OF UTTAAKHAND

JUDGEMENT

(1.) Petitioner is an existing transport operator who was granted Stage Carriage Permit for Jhajra-SuddowalaPremnagar via Ballupur-Ghantaghar-ParadgroundSurvey Chowk- Ladpur-Raipur route. He is aggrieved by the resolution passed by Regional Transport Authority, Dehradun in which it was decided that in place of old polluting vikram/tempo vehicles, new vehicles with seating capacity between 8-13 persons, which meet the BS-6 norms, shall be permitted to ply on city routes within Dehradun. By the said decision, Secretary, Regional Transport Authority was authorized to issue such permits.

(2.) Petitioner contends that Regional Transport Authority Dehradun could have issued the permits, but it cannot delegate this power to its Secretary. According to petitioner, the power to grant permit is quasi judicial in nature, therefore, such power cannot be delegated by Regional Transport Authority to anyone, including its Secretary.

(3.) By means of this writ petition, petitioner has sought the following reliefs:-