MOHD. HASAN KHAN AND ETC. Vs. STATE OF CHHATTISGARH AND ANOTHER
HIGH COURT OF CHHATTISGARH
Mohd. Hasan Khan And Etc.
State Of Chhattisgarh And Another
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L.C.Bhadoo, J. -
(1.) Writ Petition No. 2761/2004 (Mohd. Hasan Khan v. State of Chhattisgarh and five others) , Writ Petition No. 4858/2004 (Mohd. Hasan Khan v. State of Chhattisgarh and five others) ; and Writ Petition No. 3794/2004 (M/s. Kanker Roadways v. State of Chhattisgarh and five others) are being disposed of by this common order, as all these petitions involve similar questions of fact and law.
(2.) By Writ Petition No. 2761/2004 Mohd. Hasan Khan the petitioner, has prayed for direction to the State of Chhattisgarh, Madhya pradesh and Uttar Pradesh to finalise the reciprocal agreement for plying the stage carriages between the three States after creation of the State of Chhattisgarh and for grant of regular inter-State stage carriages permit after due modification of the nationalisation scheme under the provisions of Section 102 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act'), and also to direct State Transport Authority, Lucknow (U.P.) and State Transport Authority, Gwalior (M.P.) to countersign the temporary permits granted in favour of the petitioner in respect of route from Bilaspur to Allahabad. The petitioner was granted temporary permits for stage carriage No. CG-04/ E-0273 and CG-04/E-0274 for the period 1-9- 2004 to 28-12-2004. He has also filed W.P. No. 4858/2004 with same relief as on expiry of earlier permits on 28-12-2004 he has been granted another temporary permits for the period commencing from 29-12-2004 to 26-4-2005. In Writ Petition No. 3794/2004 filed by M/s. Kanker Roadways a prayer has been made to direct the States of Chhattisgarh, Madhya Pradesh and Uttar Pradesh to finalise the reciprocal agreement in respect of inter-State route from Raipur to Allahabad, and direct the State Transport Authority, Lucknow and State Transport Authority, Gwalior, to countersign the temporary permits granted to the petitioner.
(3.) Brief facts necessary for the disposal of these writ petitions, as narrated in the petitions, are that the erstwhile State of Madhya Pradesh and the State of Uttar Pradesh entered into a reciprocal agreement as envisaged under Section 88(5) of the Act, for creation of inter-/state route between Bilaspur and Allahabad and the same was published on 31st May, 1994. However, this route was already operating as per the earlier reciprocal agreement. As per item No. 186 of the said notification, a provision was made for plying two trips on the route from Bilaspur to Allahabad vis Shahdol and Rewa. After re-organization of the State of Madhya Pradesh under the M. P. Re-organization Act, 2000 the new State of Chhattisgarh was carved out from the State of Madhya Pradesh with effect from 1-11-2000, and on creation of the new State, the State of Chhattisgarh decided to cancel the scheme of State Transport Undertaking in the State of Chhattisgarh under Section 102 of the Act. As per the reciprocal agreement entered into between the States of Madhya Pradesh and Uttar Pradesh, the buses of Madhya Pradesh State Road Transport Corporation (M.P.S.R.T.C.) and Uttar Pradesh State Road Transport Corporation (U.P.S.R.T.C.) were operating on the strength of permits granted under the scheme on Bilaspur to Allahabad route as the area falling under the route was nationalized. After creation of the State of Chhattisgarh the area of the above route falling under the jurisdiction of the State of Madhya Pradesh and Uttar Pradesh is still under nationalised scheme and the buses of M.P.S.R.T.C.and U.P.S.R.T.C. are plying. However, on account of cancellation of the scheme under Section 102 of the Act by the State of Chhattisgarh, no State Transport Corporation is in existence in the State of Chhattisgarh, and only private operators are operating their buses under the permits granted to them by the State Transport Authority, Raipur. Even the State of Chhattisgarh stopped the buses of M.P.S.R.T.C. and U.P.S.R.T.C. to enter into the territory of the State of Chhattisgarh. The petitioner herein (Mohd. Hasan Khan) applied for temporary permit on the said route and the STA, Raipur, granted two temporary permits to the petitioner, in the first instance for the period from 1-9-2004 to 28-12-2004, thereafter, from 29-12- 2004 to 26-4-2005 and the respondents i.e., STA Gwalior and STA, Lucknow, are not countersigning those temporary permits which forced the petitioner to file the instant writ petitions.;
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