R.A. SHARMA, J. - (1.) Petitioner No.2 is an existing operator holding stage carriage permit on Lucknow-Shahjahanpur route. Petitioner No. 1 claims to be an Union of private bus-operators, plying their buses on Lucknow-Shahjahanpur route. Both the petitioners have challenged fixation of bus-stand/parking place by Cantonment Board, Shahjahanpur and charging parking fees in excess of the rates notified by auction notice, which has been filed as Annexure-2 to the writ petition.
(2.) At the admission stage the Cantonment Board Shahjahanpur has filed a counter affidavit. The respondent No. 3, who is contractor of the Cantonment Board, has also been served, but has not put in any appearance before this Court. The writ petition is accordingly being disposed of in accordance with Rules of the Court.
(3.) Hardoi Roadways (Private) Union, petitioner No. 1, in our opinion, is not entitled to file the writ petition for and on behalf of transport operators. Right to ply stage carriage is derived by operators from permits granted to them under Motor Vehicles Act. A transport operator can challenge any action of an authority if it affects him adversely. It is not the case of the petitioners that the Union holds any stage carriage permit or that any of its rights are being infringed by the action of the respondents. It is also not the case of public interest litigation where a person or association can espouse cause of others who are incapable of espousing their own cause on account of poverty etc. The Union, as such, has no locus standi to file this writ petition and the writ petition so far as the Union, Petitioner No. 1 is concerned, is dismissed.;