- (1.) DEPSITE time being granted the learned Standing Counsel has not been able to file any counter-affidavit so far. He stated that even instructions have not been given to him although he had written to the authorities some time back. As a rule we have noticed that the machinary of the State is very slow and loath in taking steps energetically causing delay to the prejudice of the opponent. In view of this in our opinion no useful purpose will be served in granting further time] for filing the counter-affidavit. We think that considering the nature of the dispute involved we can finally dispose of the petition right now and we propose to do so.
(2.) THE petitioner is an existing operator of Meerut-Bhagpat-Chheerauli- Ramala-Kakripur route. This route was extended up to Sonipat in Haryana State. According to the petitioner all the existing operators had applied for extension of their permits up to Sonipat and the same were extended on 29th September, 1989 by S. T. A. Under Section 68 (3) of Act 59 of 1988 the State Transport Authority has been charged with the duty to exercise and perform certain powers and functions of the Regional Transport Authority either where there is no such authority or if it thinks fit to do so, or where it is required by the Regional Transport Authority to perform those duties throughout the State of U. P. in respect of any route common to two or more regions. Under the old Act Section 44 was also in exactly the same language and while interpreting the said provision Honourable the Supreme Court in State of Rajasthan v. Noor Mohd. AIR 1973 SC 2729 held as under- "The State Transport Authority is entitled to perform the duties and exercise all functions of the Regional Transport Authority (1) where there is no such authority; (ii) when the said Transport Authority thinks it fit to perform the duties of the Regional Transport Authority in respect of any route common to two or more regions or (iii) where the State Transport Authority is required by the Regional Transport Authority to perform those duties in respect of any route common to two or more regions." The State Transport Authority thus has the powers to assume duties of the Regional Transport Authority by passing a resolution in that behalf". Section 69 (i) empowers the Regional Transport Authority to entertain an application for grant of stage carriage permit if the route lies in two regions falling in different states in case the applicant is resident of that region or as his principal place of business within that region. This is, however, subject to the provision of Sub-Section (2) where under the State Transport Authority can exercise these functions provided the State Government should so notify in the official gazette. In that eventuality application for grant of permit on such a route will be entertain able by the State Transport Authority and not by the Regional Transport Authority. Since powers and functions of the Regional Transport Authority can be exercised and discharged by the State Transport Authority 'if it thinks fit' it follows that in appropriate cases State Transport Authority can, by passing a resolution to that effect, empowers itself with the duties and functions of the Regional Transport Authority if the route in question lies in two or more regions. Should the route lie within one region the jurisdiction to grant permits on the same will continue to vest in the Regional Transport Authority.
(3.) THE petitioner in this case has come out with the allegation that the route lies in two regions lying in the State of U. P. and Haryana and since the aforesaid route has been taken over by the State Transport Authority, only State Transport Authority has power to entertain the application for grant of permit and the Regional Transport Authority can have no jurisdiction in the matter. The grievance made by the petitioner, therefore, is that respondent Regional Transport Authority is trying to arrogate to itself power to grant permits for this route which it cannot legally do. If the assertion of the petitioner is true that the route in question is an inter-state route and it has been taken over by State Transport Authority then in that case the undisputed position would be that only the State Transport Autnority would be competent to grant the permit and the Regional Transport Authority cannot exercise any jurisdiction in this matter in that behalf.;