BHUMARG YATAYAT Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) This is a petition under Article 228 of the Constitution of India by Messrs. Bhumarg Yatayat (Registered), 431, Khatikan, Muzaffarnagar, through Uma Sharan (to be referred herein after us the petitioner), for the issue of a writ of certiorari or a like writ or direction to quash the resolution dated! the 6th/7th April, 1960, and also for the issue of a writ of mandamus to direct the respondents, namely, the Regional Transport Authority, Meerut, and the Secretary of the Regional Transport Authority Meerut, to forbear from giving effect to the said impugned resolution.

(2.) The facts of the case are not in controversy. What the respondents have pleaded in the counter-affidavit is to justify their action.

(3.) The admitted facts of the present case are that Muzaffarnagar-Rohana-Charthawal route, about 15 miles long, was declared a B-class route under the U. P. Motor Vehicles Taxation Rules, 1935, and in the beginning applications for permanent permits were invited and later for temporary permits; but no final orders were passed and in the end under resolution No. 49 dated the 6th/7th April, 1960, the Regional Transport Authority, Meerut, respondent No. 1, amalgamated the route, Muzaffarnagar-Rohana-Charthawal, with Muzaffarnagar-Rohana-Deoband-Saharanpur route by temporarily extending the route, Muzaffarnagar-Rohana-Deoband-Saharanpur, to Charthawal also. In other words, the motor vehicles plying on Muzaffarnagar-Saharanpur route were to ply on Muzaffarnagar-Rohana-Charthawal route also. None of the operators of the Muzaffarnagar-Saharanpur route had applied for permanent Or temporary permits on the Muzaffarnagar-Rohana-Charthawal route and the objection that they had made to the ereation of this new route had been rejected.