URMILA TRIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) By the order dated 16th September, 2003, we have dismissed the writ petition with the observation that the reasons will be recorded later on. Now, we proceed to record the reasons.

(2.) Petitioner in this writ petition has inter alia prayed for quashing the notification dated 5.7.2003 issued by the State Government so far as it relates to creation of new route, i.e., Fatehpur-Patti Shah via Hussainganj-Mawai-Chhiblaha-Aara Machine-Narauli.

(3.) Learned counsel for the petitioner has contended that in view of Sub-clauses (3) and (4) of Section 68 of the Motor Vehicles Act, the State Government is not competent to create route for plying of vehicles on the principles and formula laid down by the State Government. As a matter of fact, under the aforesaid provisions, the State Transport Authority is empowered to formulate new routes and in no manner this power vests in the State Government.