KRISHNA GOPAL Vs. REGIONAL TRANSPORT AUTHORITY AGRA

JUDGEMENT

(1.) PETITIONER alongwith others was granted permanent stage carriage permit on Ghiror Eka-Basundhara route by the Regional Transport Authority (hereinafter referred to as R. T. A.), Meerut on 20 1- 1990 with certain conditions. By condition no. 2 it was provided that the vehicle should not be more than seven years old for 'A' class route, more than ten years old for 'B' class route and more than fifteen years old for 'C class route. In this connection that R. T. A. has also directed that the aforesaid model conditions will not apply to those grantees who were plying on the route in question on the basis of temporary permits. PETITIONER has filed this writ petition challenging aforesaid model condition imposed by R. T. A. on the ground that it has no jurisdiction to impose such a condition and the impugned condition is arbitrary and discriminatory.

(2.) WHEN this writ petition was filed before this court learned Standing Counsel was granted time to seek instructions. Petition was, thereafter, listed on 28-3-1990 on which date learned Standing Counsel was granted three weeks time for filing couter affidavit and this court granted the following interim order in favour of petitioner :-

(3.) ULTIMATELY the matter was considered by the Honourable Supreme Court in Subhash Chandra v. State of U. P., AIR 1980 SC 800, where the question involved was whether the transport authorities can impose model condition while granting Mini bus permit. Honourable Supreme Court upheld this condition by holding that.