GIRIBALA JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for quashing the order dated 30-10-2004 and 10-11-2004 passed by the Santhal Pargana Regional Transport Authority, Dumka (respondent No. 2), by which the petitioner's renewal was granted and thereafter he was directed to replace the existing 1990 model Bus by higher model within four months and also for quashing the order dated 14-5-2005, by which the petitioner's appeal against the said order has been dismissed by the State Transport Appellate Tribunal, Jharkhand in Transport Appeal No. 6 of 2004.

(2.) The petitioner's case is that she is an aged lady and after the death of her husband she has been managing the business of bus plying on the route of Dumka to Rohini, two trips up and down daily on the basis of the stage carriage permit. The said stage carriage permit of the petitioner has been renewed by the authority in the meeting held on 30-10-2004 and 10-11 -2004 but a condition has been imposed to replace 1990 model bus with a higher model within a period of four months.

(3.) The grievance of the petitioner is that though the authorities have power to Impose any condition on such permit but that has to be done under the provisions of Section 72 (2) Clause X of the Motor Vehicles Act, 1988 (hereinafter referred to as the said Act). The authorities without following the said provision cannot Impose any condition and the impugned part of the order Imposing such condition is wholly arbitrary and illegal.