SANDEEP KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The delay, in preferring the appeals, is not opposed by the learned counsel for the respondents, and the delay is, therefore, condoned. Since the appellants are either persons in whose favor permits were granted by the Regional Transport Authority, or in whose favor the permits were transferred later, they are undoubtedly aggrieved by the order passed by the learned Single Judge. We see no reason, therefore, to deny them leave to prefer an appeal against the order passed by the learned Single Judge. The applications, seeking leave to appeal, are allowed.

(2.) The appellants, in Special Appeal Nos. 152 and 153 of 2019, are the respondents in WPMS Nos. 96 and 103 of 2009, wherein the legality of Agenda No. 13 of the meeting of the Regional Transport Authority dtd. 27/12/2008, granting permits to several persons without survey of the route, was put in issue. By the common order dtd. 14/8/2018, the validity of which is now under challenge before us, the learned Single Judge took note of the submissions of Sri Amar Murti Shukla, learned counsel for the petitioners, that these 90 permits were granted without obtaining a report from the Joint Survey Committee; they were granted against the provisions of the Motor Vehicles Act, 1988; all the applications, based on which permits were granted, were incomplete; the Regional Transport Authority had granted permits in haste, and without application of mind; and Sri Gurubaksh Singh had invoked the jurisdiction of the State Transport Appellate Tribunal which had cancelled the permits of 85 persons, but had made such cancellation subject to the decision in Writ Petition Nos. 96 and 103 of 2009.

(3.) In the order under appeal, the learned Single Judge noted that the Regional Transport Authority had, in its meeting dtd. 24/2/1999, passed a resolution that permits, on the city bus routes, should be granted on the recommendation of the Joint Survey Committee; the Joint Survey Committee comprised of one officer nominated by each District Magistrate, the Senior Superintendent of Police and the Regional Transport Officer; in compliance with the Joint Survey Committee's report, in its meeting held in the year 2004, 09 buses were plied in the Dehradun-Kalsi route; in its meeting held on 27/12/2008, the Regional Transport Authority had considered various applications for the Dehradun-Kalsi route, and had granted 91 permits; no survey was conducted before granting 91 permits on the said route; the applications, on which permits were granted, were incomplete; and they were granted without application of mind, and without following the provisions of Motor Vehicle Act. The writ petitions were allowed, Agenda No. 13 of the meeting of the Regional Transport Authority dtd. 27/12/2008 was set-aside, the Regional Transport Authority was directed to have a survey undertaken for the Dehradun-Kalsi route, if not already undertaken, so that the public may not suffer; thereafter, invite applications for granting permit of the said route, and grant permit strictly in accordance with law. Aggrieved thereby the present appeal.