- (1.) Learned counsel for the petitioners in these writ petitions have stated that these cases involve the same points and can be disposed of by one common judgment. With the consent of the learned counsel for the parties Writ Petition No. 2582 of 1990, Mohammad Javed v. State Transport Appellate Tribunal, U.P., Lucknow and others has been made the leading case and only the facts of the leading case are given in this judgment.
(2.) Petitioner is a state carriage operator. The Regional Transport Authority, Moradabad (hereinafter referred to as the RTA) vide its order dated 11-2-1988 imposed a model condition of ten years in the stage carriage permits with the result that the vehicle under stage carriage permit cannot be more than ten years old. The RTA for that purpose granted six months' time to the stage carriage operators for replacing the vehicle, if it is more than ten years old from the date of registration. Against this order an appeal was filed before the State Transport Appellate Tribunal) (hereinafter referred to as the Appellate Tribunal), which has been dismissed by order dated 30-9-1988. Against these two orders of the RTA and the Appellate Tribunal petitioner has filed this writ petition.
(3.) Learned counsel for the petitioners has made two submissions, namely, (i) RTA has imposed the condition without giving thirty days notice to the petitioners, and (ii) life of stage carriage is much more than a mini bus and ten years model condition is not justified.;