PAWAN ARORA Vs. STATE OF M.P.

JUDGEMENT

(1.) This order shall govern the final disposal of Writ Petition No. 2003/2017, Writ Petition No. 2004/2017, Writ Petition No. 2006/2017 & Writ Petition No. 2756/2017.

(2.) This batch of Writ Petitions takes exception to the orders passed by the Secretary, State Transport Authority, Lucknow, Uttar Pradesh, whereby while counter-signing respective permits, which are subject matter in these petitions, has modified the initial timings of the petitioners contrary to condition No. 4(xiii) of the agreement. The said agreement is a reciprocal agreement between the State of Madhya Pradesh and the State of Uttar Pradesh executed on 21/11/2006. Under Clause 4(xiii) of the reciprocal agreement, the initial timetable fixed in the permit granting authority is valid for four months and is required to be finalized. It is alleged that the Secretary, U.P. State Transport Authority on 15/12/2016 after the hearing has entertained the objection from existing permit holder and modified the timings, without consulting the original granting authority, which act it is urged is contrary to condition No. 4(xiii) of the agreement vide impugned orders.

(3.) The respondents have raised preliminary objection as to maintainability of present petition on the ground of territorial jurisdiction. It is contended that the Secretary, U.P. State Transport Authority, Lucknow having passed the order, whereagainst revision is preferred before U.P. State Transport Authority. It is contended that the cause of action having accrued at Lucknow, it is beyond the territorial jurisdiction of this Court to entertain the same.