(1.) THIS petition is directed against the order of the Regional Transport Authority, Dehra Dun, granting stage carriage permits to the respondents. The petitioners had alternative remedy under the Motor Vehicles Act to challenge the said order before the State Transport Authority. In the circumstances the writ petition has abated under S. 58 (2) of the Constitution (42nd Amendment) Act, 1976, and the various interim orders passed in the writ petition stand vacated. The parties will bear their own costs.
(2.) A prayer was made by Shri L. P. Naithani, learned counsel for the contesting respondents, that the monies deposited with the Regional Transport Authority, Dehradun, respondent No. 1, in pursuance of the interim orders passed by this Court on applications made by various respondents may be directed to be paid over to the respondents concerned. This prayer was opposed by Shri S. N. Kacker, learned counsel appearing for the petitioners, on the ground that under the interim orders passed by this Court the monies deposited by the petitioners were to be paid to the respondents concerned in the event of the writ petition being dismissed. It was urged that since the writ petition has not been 'dismissed' but stands 'abated' under the provisions of S. 58 of the Constitution (42nd Amendment) Act, 1976, this Court has no jurisdiction to pass the order prayed for by Shri Naithani, or any further order.
(3.) AS seen above the ex parte order was not applicable to those of the respondents who had already started plying their vehicles pursuant to the permits granted to them. It was subsequently vacated in respect of such of the respondents who had already obtained permits before the date of the order. However, it continued to be operative as against such of the respondents who had not been able to obtain the permits by the date on which the ex parte order was passed subject of course to the condition referred to above. But for the order passed by this Court as against them, these respondents also would have been able to ply their vehicles after obtaining the permits. They were, however, restrained from doing so and were in the event of the writ petition being dismissed, to be compensated for the loss which accrued to them on account of the injunction issued against them by payment of the monies which the petitioners were directed to deposit every month with the Regional Transport Authority, Dehradun.