VIJAY GOYAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In both these petitions, the petitioners have challenged the order dated 27- 12-2008 of the Regional Transport Authority, by which the Stage Carriage Permit under the Motor Vehicles Act can only be granted to those applicants who have a new vehicle. Since the subject matter and in fact the order impugned are the same, these two petitions are being disposed of by a single order.

(2.) According to the petitioner, the order of the Regional Transport Authority (hereinafter referred to as "RTA") is totally without jurisdiction as the RTA does not have the jurisdiction or power to fix the age of a vehicle and such power lies exclusively in the domain of the Central Government under Section 53 of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act").

(3.) The State Counsel in its counter affidavit has, however, stated that the RTA has only powers to pass such an order and this power has been given to the RTA under Section 72 of the Act, for ready reference, therefore, Section 59 as well as Section 72 are reproduced as under: