DHARMENDRA SINGH Vs. REGIONAL TRANSPORT AUTHORITY MEERUT

JUDGEMENT

(1.) R. A. Sharma, J. Petitioners are holding stage carriage permits Muzaffirnagar-Bhopat-Morna-Bijnor and allied route hereinafter referred to as the route) and they are plying their vehicles on it accordingly. They applied for and were granted permission by Regional Transport Authority, Meerut (hereinafter referred to as R. T. A.) vide its resolution, dated 22-7-1992, to keep in reserve extra vehicles under their stage carriage permits in order to maintain the service on the route with three conditions : viz. (1) extra vehicle can be plied on the route in two contingencies only, namely, (1) when the regular vehicle covered under the permit goes out of operation due to break down or necessity for repair ; and (b) when it is required to carry passengers on special occasions, such as marriage, Mela, religious gathering (2) the operators will pay for reserve vehicle 75 per cent of the passenger tax which is paid for the regular bus on ad hoc basis ; and (3) a regular checking of these vehicles. Being aggrieved by these conditions the petitioners have filed this writ petition.

(2.) WHILE entertaining the writ petition this Court on 24-9-1992 granted a month's time to the learned Standing Counsel to file counter-affidavit and meanwhile the operation on the impugned condition was stayed. However, counter-affidavit was not filed by the learned Standing Counsel, although the case remained pending for more than two years in this Court. On 18-1-1995 this Court gi anted time to learned Standing Counsel till next date of listing with the observation that no further time shall be granted. In spite of stop order the counter-affidavit has not been filed. We have heard learned counsel for the petitioners and learned Standing Counsel.

(3.) FOR the reasons given above, this writ petition is allowed with costs. Condition No. 2 of the resolution of the R. T. A. , dated 22-7-1992 (Annexure-1 to the writ petition) is quashed. Petition allowed. .