VIVEK KUMAR TANDON Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) SRI Alok Singh, Senior Ad vocate, with SRI G. Tripathi, learned counsel for the petitioner and SRI K. P. Upadhyay, learned Additional Chief Standing Counsel for the State-respondents.

(2.) THIS writ petition has been filed for the following reljefs:- (i) To issue a writ, order or direction in the nature of certiorari quashing the proceedings of the meeting dated 14-5-05 (Annexure No. 1 to the writ petition ). (ii) To issue writ, order or direction in the nature of mandamus commanding the respon dent Nos. 1 and 2 to issue permanent Stage Carriage permits to petitioner on Dehradun-Doiwala route immediately. (iii) To issue writ, order or direction in the nature of mandamus commanding the respon dent Nos. 1 and 2 to issue temporary permit to the petitioner on the route Dehradun-Doiwala immediately till his application for permanent permit is not considered and granted. (iv) To pass such further order or direction which this Hon'ble Court may deem fit in the circumstances of the case.

(3.) IN reply thereto, counter affidavit has been filed by the State and in paragraph No. 4 of the same, the following averments have been made:- "4. That the contents of paras 5 to 12 of the writ petition relate to the judgement pro nounced by the Hon'ble Apex Court and the same call for no comments. However, it is submitted that under Section 71 (3) of the Motor Vehicles Act, 1988 there is a provision that "the State Government shall, if so di rected by the Central Government having re gard to the number of vehicles, road condi tions and other relevant matters, by notifica tion in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of stage car riages generally or of any specified type, as may be fixed and specified in the notifica tion, operating on city routes in towns with a population of not less than five lakhs.