SURENDRA PAL SINGH Vs. MUNSIF AONLA

JUDGEMENT

(1.) BEING aggrieved by an order passed by the Munsif Aonla, Bareilly dated 31-5-1993, where under on an application of the plaintiff respondent No. 3 moved in original suit No. 73 of 1993, an exparte order of temporary injunction had been granted prohibiting the defendant No. 2 from plying their buses on Aliganj Bisharat Ganj-Rampnra Mod, the petitioner approached this Court by means of the present writ petition seeking not only the quashing of the order dated 31-5-1993, passed by the learned Munsif but also the quashing of the proceedings of suit No. 73 of 1993 referred to hereinbefore.

(2.) THE facts in brief shorn of details and necessary for the disposal of this case lie in a narrow compass. THE petitioner, who is a member of the Dataganj Bareilly Private Bus Union, Bareilly, defendant No. 2 in the suit filed by General Mini Bus Owners Operating Association, the plaintiff respondent, held a permanent permit issued under the provisions of the Motor Vehicles Act for operating on the route Bareilly-Dataganj Via Diyochara-Billia. THE competent authority while exercising its jurisdiction envisaged under the provisions of the Motor Vehicles Act, 1988, vide its order dated 20-5-1993 granted an extension of the aforesaid route where under the petitioner could ply vehicle on the extended portion of the route viz, Chandpur-Bisharatganj- Rampura Mod. It appears that the plaintiff respondent felt aggrieved by the aforesaid grant of extension of the route and therefore filed a suit being suit No. 73 of 1993 impleading therein the Regional Transport Officer, Bareilly as defendant No. 1 and Dataganj Private Bus Union, Bareilly which was impleaded as defendant No. 2, claiming a decree of permanent injunction against the defendants restraining them from plying the buses on the extended portion of the route and further seeking to restrain the defendants from plying their vehicles on any portion of the route other than that which was covered under the permits issued prior to the extention and further not to extend the route.

(3.) WHILE granting temporary injunction, the learned Munsif had fixed 30th July, 1993 for objection and disposal of the injunction application. However, vide an order dated 28th June, 1993, passed by this Court, the operation of the impugned order had been stayed which order is still continuing to be operative.