HARPAL SINGH BENIWAL Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) PETITIONERS are existing operators holding stage carriage permits for Muzaffarnagar Bijnor route (here-in-after referred to as the route). The route is inter-regional route, partly lying within the jurisdiction of Regional Transport Authority, Meerut (here-in-after referred to as the R. T. A.) and partly within the jurisdiction of R. T. A. Moradabad. R. T. A., Meerut by its resolution dated 4-5-1989 had granted 5 permanent stage carriage permits on the route and by another subsequent resolution passed on 21-9-1989, 20 more permanent stage carriage permits had been granted for the same route. It is against the aforesaid two resolutions of the R. T. A. granting 24 permanent stage carriage permits on this route that this writ petition has been filed by the petitioner.

(2.) PETITIONER has challenged the granting of the permits on the route on the grounds : firstly route is natiotionalised by an approved scheme under which only State Transport Undertaking and existing operators have been permitted to ply their vehicles; and secondly, route had been taken over by the State Transport Authority, U. P. Lucknow and the R. T. A. as such, had no jurisdiction to grant permits.

(3.) SUPREME Court in M/s. Adarsh Travel Bus Service v. State of U. P., AIR 1986 SC 319 has laid down that :