SYED MASWOOD AKHTAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and Shri A.C.Tripathi, learned standing counsel for the respondents. Counter affidavit has been filed by the respondents. With the consent of the learned counsel for the parties, the writ petition is being finally disposed of.

(2.) Brief facts of the case which emerge from the pleadings of the parties are;

(3.) The petitioner claims to have purchased a bus having seating capacity of 37 persons which was registered with the District Transport Authority, Muzaffarpur. The petitioner after obtaining 'No Objection Certificate' in favour of him from A.R.T.O, Maharajganj, thereafter applied for registration of vehicle before the office of Assistant Regional Transport Officer, Maharajganj. On 22.9.2010 during process of registration a physical report before A.R.T.O, Maharajganj was submitted that according to seating capacity of registration document it is 37 whereas the wheel base being 205 inches according to floor area there should be seating capacity of 54 persons.