V.K.SHUKLA, J. - (1.) PRESENT writ petition has been filed by the petitioner, questioning the validity of resolution/order dated 08.09.1994 passed by the Regional Transport Authority, Lucknow, refusing to accord renewal to the permit, and the order passed in appeal dated 15.03.1996 by the State Transport Appellate Tribunal, Lucknow, affirming the said resolution on different grounds.
(2.) BRIEF background of the case is that petitioner was operator of Pallia-Area route, which lies within jurisdiction of Regional Transport Authority, Lucknow. The petitioner had been holding regular stage carriage permit No.823-SC. After enforcement of New Motor Vehicles Act, 1988, petitioner moved an application for renewal and the same was allowed for the period starting with effect from 10.04.1989 to 09.04.1994; then again application was made on 06.08.1994 for subsequent renewal of his aforesaid permit. Said application was placed before the Regional Transport Authority, but the same was rejected on the ground that the application was barred by time; petitioner was in dues of passenger tax and the vehicle in question was more than 20 years' old. Against the said order, petitioner preferred appeal; appeal was entertained and during pendency of the appeal interim order was passed and thereafter, said appeal in question had been rejected. At the said juncture, present writ petition had been filed. Pleadings inter se parties have been exchanged, and thereafter, present writ petition has been taken up for final hearing and disposal with the consent of the parties.
(3.) LEARNED counsel for the petitioner, Sri Sameer Kalia, contended with vehemence that in all eventuality, once pre-requisite terms and conditions were fulfilled by the petitioner, then renewal ought to have been accorded and further in view of introduction of Section 217A of Motor Vehicles Act, 1988, renewal was liable to be considered, as such writ petition deserves to be allowed.;