YOGESH KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is the owner of two mini buses and plies them on the basis of a stage carriage permit from Varanasi to Sarai Mamrej via Jansa, Kapsethi, Chauri Bhadohi. The permit which was issued by the Regional Transport Authority, Mirzapur in respect of one of the vehicles bearing registration No. UP66T-1255 is valid until 26 January 2017. The petitioner has applied for a permit on a route which falls within two districts. The petitioner has averred that the Regional Transport Authority, Mirzapur declined to entertain the application dated 26 February 2014 on the ground that clause 6(Ka) contained in the resolution dated 19 March 2013 states that where an applicant applies for a permit for another district in addition to his home district, he shall have to file a character certificate obtained from both the home district as well as the adjoining district. In other words, a character certificate is required to be obtained from the District Magistrate, both of the home district and the adjoining district in respect of which the stage carriage permit is sought. The petitioner is aggrieved by this condition which, it is urged, is arbitrary.

(2.) When the petition came up on 1 July 2014, we had directed the learned Standing Counsel to take instructions and, if necessary, to file a short counter affidavit explaining the rationale for imposing this condition. No counter has been filed. Learned Standing Counsel, however, states that instructions have now been furnished to him.

(3.) We see no reason or justification for the imposition of a condition requiring an applicant to furnish character certificates from both the districts, namely the home district as well as the adjoining district in respect of which a stage carriage permit is sought for plying the vehicle on a route which falls within the ambit of two districts. Character of an applicant has to be certified by the District Magistrate having jurisdiction over the place where the applicant is an ordinary resident. Merely because an applicant desires to carry on business, in this case operating a stage carriage which covers more than one district, there is no logical reason to require a character certificate to be furnished from the District Magistrate of the adjoining district as well. The character of an applicant does not alter depending upon whether he has to ply his bus/vehicle in one or more than one district. In the circumstances, we are of the view that clause (Ka) shows a patent non-application of mind and has no reasonable justification. In fact, learned Standing Counsel has also not been able to point out any justification at all.