U.P. STATE ROAD TRANSPORT CORPORATION Vs. SANDEEP KUMAR JAIN & ORS.
LAWS(SC)-2017-9-34
SUPREME COURT OF INDIA
Decided on September 05,2017

U.P. STATE ROAD TRANSPORT CORPORATION Appellant
VERSUS
Sandeep Kumar Jain And Ors. Respondents

JUDGEMENT

MOHAN M.SHANTANAGOUDAR,J. - (1.) Leave granted.
(2.) These appeals are filed questioning the validity of the judgment dated 30.7.2010 passed by the High Court of Judicature at Allahabad, Lucknow Bench in W.P. No. 2161 of 2007 by which the Lucknow Bench has allowed the writ petition.
(3.) Learned counsel for the appellant/corporation argued mainly relying upon the Division Bench judgment of the Allahabad High Court in the case of Smt. Kanchan and Ors. v. State Transport Appellate Tribunal and Ors. (in Civil Miscellaneous Writ Petition No. 48624 of 2002 decided on 4th April 2003) that the matter involved in this petition is fully covered by the aforementioned judgment of the Division Bench which was confirmed by this Court in Civil Appeal Nos. 7305- 7306 of 2003 disposed of on 17th January 2006, wherein it is observed that the findings on the Mala fides of the State Transport Authority (STA) are clearly borne out from the records seen by the Tribunal. In the said case the route involved was a notified route, as involved in this matter, i.e. 11 kilometers' stretch lying between Dewal-Bijnor. In Civil Appeal Nos. 7305-7306 of 2003, this Court had confirmed the Order of the High Court by which 48 permits of the State Route issued by the State Transport Authority on the route in question were cancelled. Per contra, the Learned Counsel appearing on behalf of the operators/respondents contended that they are the existing operators and therefore they are protected under the scheme of the notified route including the portion between Dewal-Bijnor.;


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