PURSHOTTAMLAL SAHU Vs. STATE OF MP

JUDGEMENT

(1.) ­In this petition filed under Article 226 of the Constitution the question which calls for consideration is whether the Regional Transport Authority, Jabalpur (respondent no.2) is competent to pass a resolution dated 23.6.2005, Annexure P3.

(2.) BY the impugned resolution Regional Transport Authority, Jabalpur with an object to control road transport having regard to the convenience of public and vehicle owners and also to avoid cut throat competition amongst transporters issued a general order that while considering the applications for approval of temporary/permanent stage carriage permit following conditions shall be taken into account.

(3.) THE petitioners are holders of stage carriage permit. They have challenged the impugned resolution on the ground that Regional Transport Authority has absolutely no power under the motor Vehicles Act, 1988 (in short "the Act") to pass the same. The respondents on the other hand have contended that Regional Transport Authority is empowered to pass the resolution under section 72 of the Act.