YOGRAJ SINGH Vs. STATE TRANSPORT APPELLATE TRIBUNAL (STAT)

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This petition is directed against the judgment & order dated 03.08.2010 passed by State Transport Appellate Tribunal, Dehradun, whereby Appeal No. 25 of 2008 filed by respondent no. 4 against the order of refusal by Regional Transport Authority to grant permanent stage carriage permit to him was set-aside with a direction to the Regional Transport Authority to issue permanent stage carriage permit to respondent no. 4, within one month.

(3.) Dehradun Rishikesh Narendranagar route was notified by the State Government vide notification dated 16.03.1961 in exercise of power under Section 68 D (3) of Motor Vehicles Act, 1939, meaning thereby that only the buses of State Transport Undertaking could ply on the said route to the complete exclusion of Private Operators. The State Government, subsequently, issued a notification on 05.08.1994 in exercise of powers under Section 102 of Motor Vehicles Act, 1988, whereby it approved the Scheme of supplementing operation of U.P. Road Transport Corporation Bus Services within Dehradun city within a radius of 20 kms. (in exceptional 25 kms.), meaning thereby the private sector buses could also ply in the said route in addition to the State Transport Undertaking.