NAVNEET KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri N.C. Rajvanshi, learned Senior Advocate, assisted by Sri M.K. Rajvanshi for the petitioners and Sri Alok Singh, learned Standing Counsel for the State-respondents.

(2.) COUNTER and rejoinder affidavits have been exchanged between the parties and with the consent of learned counsel for the parties, the writ petition is being finally decided. This writ petition has been filed by two petitioners. Petitioner No.1 is a private bus owner whereas petitioner No.2 is Private Bus Owners Association, Almaspur through its President.

(3.) BRIEF facts of the case as emerge from pleadings of the parties are; the District Magistrate by an order dated 1st April, 1998 directed all private bus owners and office bearers of the private bus unions to establish stand outside the city area of Muzaffar Nagar with effect from 22nd April, 1998. An order was passed by the Regional Transport Authority, Saharanpur dated 5th May, 1999 that no private bus owner/office bearers of Union shall use any place for parking/halting of the buses within the Muzaffar Nagar area. It was also stated in the order that the private buses which are at the route Janshath-Meerapur and Bhopa-Bijnore shall temporarily use halting station/parking place at Almaspur and village Sarvat as per earlier order of the District Magistrate. The order further directed that private bus owners and office bearers of the union shall submit application for bus stand/halting station by 18th May, 1999 before the Regional Transport Authority. The petitioners' case in the writ petition is that the members of the Association had purchased a piece of land in village Almaspur where private bus stand at the cost of the members of the association was established investing considerable amount and the said bus stand at Almaspur is equipped with all facilities. An order dated 12 th March, 2003 was issued by the District Magistrate prohibiting the places which were being used as private bus stand/halting station/parking place. The District Magistrate in exercise of power under Section 96(2), (xxi), (xxii), Section 117 of the Motor Vehicles Act, 1988 and Rule 195(1) of the Motor Vehicles Rules, 1998 has passed the order dated 12 th March, 2003 prohibiting use of places and directed to shift the halting station/parking place across the bridge of Kali Nadi which order has been challenged by the petitioner by means of the present writ petition.