WAHID ALI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner, an existing operator and holder of regular stage carriagepermit for plying on Jhansi-Tehroli-via-Mauranipur-Todi Fatehpur-Bijna route,has approached this Court by means of the present writ petition challenging theaction of the Regional Transport Authority, Jhansi in entertaining theapplication for grant of permits on the aforesaid route and also on 20 otherroutes, which have been mentioned in Para 4 of the writ petition.The main ground of challenge to the action of the Regional TransportAuthority is that the aforesaid routes are inter-state routes running about 100kms. out of which about 89 kms. portion lies in the State of U.P. and about 11kms. portion lies in the State of Madhya Pradesh. The case of the petitioner isthat apparently the aforesaid routes are inter-state routes as the route extendsfrom one State, namely, State of Uttar Pradesh to the other State, namely Stateof Madhya Pradesh and, therefore, even if the starting point and the terminalpoint of the route lies in the State of Uttar Pradesh and though the route whichfalls in the State of Madhya Pradesh is less than 16 kms, the Regional TransportAuthority, Jhansi was not competent to entertain the applications for grant ofpermit and the permit, if at all could be granted for such routes, could begrantedonly when a reciprocal agreement is entered into between the two States andpermits are granted by the State Transport Authorities as per Section 88 of theMotor Vehicles Act, 1988.

(2.) The aforesaid claim of the petitioner is being refuted by Sri SudhirPandey, learned counsel for the State, who submits in response that in view ofthe second proviso to Section 88(1) of the Motor Vehicles Act, 1988, routes inquestion having only 11.20 kms. portion in the State of Madhya Pradesh, doesnot require that there should be a reciprocal agreement between the two Statesand that counter signatures from the authority of the State of Madhya Pradesh isalso not required.

(3.) Initially when this petition was filed in the year 1992, an interim orderofstay was passed restraining the Regional Transport Authority, Jhansi fromgranting any permits. However, writ petition was dismissed in default on21.4.2000 and thereafter it was restored vide order dated 5.8.04 but the interimorder of stay was not restored.