- (1.) Leave granted. Whether Chief Minister of a State has any role to play in a matter of grant of permit of a Stage Carriage Permit in terms of the provisions of the Motor Vehicles Act, 1988 (for short the Act) is in question in this appeal which arises out of a judgment and order dated 15th September, 2005 passed by a Division Bench of the Himachal Pradesh High Court, Shimla, in C.W.P. No. 1217 of 2004.
(2.) The basic fact of the matter is not in dispute. Appellants are the bus owners. They applied for grant of stage carriage permits for different routes before the Regional Transport Officer as envisaged under Section 70 of the Act. While Appellant No.1 had applied for grant of route - Tikri to Palampur, Palampur to Chahiar and Palampur to Jaisinhpur, Appellant No.2 had applied for grant of permit for the route Palampur to Jaisinhpur, Jaisinhpur to Baijnath and Jaisnhpur to Palampur, Appellant No.3 had applied for the route Indora to Kaaza, Maclodganj to Mandi and Damtal to Manali.
(3.) Fourth respondent, who is said to have a political connection being a leader of Congress Party, approached the State Chief Minister directly by a letter, which reads thus :- The Hon'ble Chief Minister, Himachal Pradesh, Shimla Subject :- Application regarding route permit Hon'ble Sir, With due regards, it is requested that I have previously requested for the route permit, but I was not given any route permit in the meeting of RTA. I have come to the Oakover and I have again stated that no buses are running on the route and still then I was not given any route. It is, therefore, requested that the following route may kindly be granted in my favour. Baijnath - Tikkari - Panchrukhi - 6RT. This route was notified, but not issued to any one. Yours faithfully, Sd/- (Rajinder Rana) Tehsil Baijnath, District Kangara ;