PRITHVI NATH GUPTA Vs. REGIONAL TRANSPORT AUTHORITY GORAKHPUR

JUDGEMENT

(1.) FOR the purposes of Motor Vehicles Aet there is a route known as Padrauna-Jatha via Kinderpatti (hereinafter referred to as route). This route lies within the jurisdiction of Regional Transport Authority, Gorakhpur. As far back as in July, 1977 State Government framed a scheme under section 68 C of Motor Vehicles Act, 1939 for the route. On 28-8-1979 the said scheme was approved under section 68 D of the Motor Vehicles Act, 1939 but it was not published in the gazette. On 10th October, 1979 a writ petition was filed challenging the said approved scheme as Invalid. That petition was entertained and an interim order was granted on the same day, which is extracted below : "Meanwhile the Impugned order dated 28-8-1979 shall not be implemented and given effect to." Subsequently, on 8-4-1980 the said interim order was modified to the effect that it is made clear that while the respondents shall not interfere with the petitioner's fight to ply vehicles on the route ia question, the publication under section 68 D (3) of the Motor Vehicles Act is not stayed. Admittedly the scheme approved by the State Government has not yet been published in the Official Gazette

(2.) SUBSEQUENTLY, the Motor Vehicles Act, 1988 came into force with effect from 1-7-1989, section 100 of the Act, which is analogous to section 68 C and D of the Motor Vehicles Act, 1939, provides procedure for framing a scheme for exclusive plying of the vehicles by the State Transport Undertaking. After the Motor Vehicles Act, 1988 cams Into force, the Regional Transport Authority, Gorakhpur treated the scheme for the route as lapsed and, therefore, has now proposed to grant permanent stage carriage permit on the said route. It is at this stage the, petitioner has come to this court under Article 226 of the constitution for issuance of a direction to the Regional Transport Authority not the grant any permanent permit on the route as according to them, since there is approved scheme for this route and, therefore, no permanent stage carriage permit ean be grafted. .

(3.) ON the strength of sub-section (2) of section 100 of the Act, learned counsel for the petitioner argued that once a scheme is approved it becomes a final scheme irrespective of the fact whether it is notified in the Official Gazette or not and the route is notified rente and farther no permanent stage carriage permit can be granted on the said route.