VIJAY SHANKER DIXIT Vs. STATE OF U P

JUDGEMENT

(1.) Application for restoration is allowed in view of the grounds taken in the affidavit filed in support of the said application. The order dated 29-10-2003 is recalled. The writ petition is restored to its original number. Heard on merit.

(2.) THIS writ petition has been filed for quashing the notice dated 10-1-1991 asking the present petitioner to remain present before the hearing authority under the provisions of Motor Vehicles Act, 1988 (hereinafter called the 'new Act') for the purposes of nationalization of the route in question, namely Kalpi-Kotra via Ait-Saidnagar.

(3.) SHRI Sameer Sharma, learned Counsel appearing for the respondents has submitted that as the matter has been remanded after quashing the final order of approval and publication in the official Gazette in view of the provisions of Section 68 (d) (2) of the old Act, the provisions of Section 217 (2) (e) or 104 of the new Act will not be applicable and, therefore, the petition is liable to be dismissed.