JAMSHED ALI S/O SHAMSHAD Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-10-109
HIGH COURT OF UTTARAKHAND
Decided on October 30,2012

Jamshed Ali S/O Shamshad Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Heard.
(2.) This appeal is directed against the order dated 22.10.2009, passed by learned Single Judge, of this Court in writ petition (M/S) No. 1749 of 2009, whereby the writ petition was dismissed in limine. Brief facts of the case are that, the writ petitioner/appellant sought writ in the nature of certiorari quashing the advertisement by which the application for granting permits for permanent stage carriage on the route of Dehradun-Vikas Nagar- Dak Pathar were invited, for which the meeting was scheduled to be held on 23.10.2009, by the Transport Authority. The ground on which the advertisement was challenged is that there is mandatory requirement as provided in section 88(1) and section 88 (5) of Motor Vehicles Act, 1988, that before a permit is granted on a InterState route there must be reciprocal agreement between the two involved States. It is contended that until there is reciprocal agreement between the State of Uttarakhand and State of Uttar Pradesh, stage carriage permit cannot be issued on the route of Dehradun-Vikas Nagar- Dak Pathar.
(3.) Attention of this Court is drawn by learned counsel for the appellant to the order dated 08.03.2011, passed by Division Bench of this Court in Special Appeal No. 200 of 2009 whereby same impugned order (by which not only writ petition no. 1763 of 2009, but also writ petition no. 1749 of 2009(M/S) was disposed of) was superceded with the direction that State of Uttarakhand is not entitled to issue permits anyone to ply vehicle on the Inter-State routes unless there is reciprocal agreement between the two concerned States. Said appeal was filed in connection with Dehradun- Paonta Saheb route involving State of Uttarakhand and State of Himachal Pradesh.;


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