- (1.) The two petitioners namely Ganga Singh and Ramautar Singh have come to this Court by means of this Writ petition aggrieved by order dated 27.1.1982 passed by State Transport Appellate Tribunal-respondent No. 1 and have also sought a mandamus commanding respondents to issue permits to the petitioners in accordance with order dated 12/13.8.1975 of respondent No. 2 i.e., Regional Transport Authority, Kanpur (hereinafter referred to as "R.T.A."). The record shows that this writ petition was admitted on 6.10.1982 and on stay application notice was issued. Subsequently since respondents failed to file counter-affidavit/an interim order was passed on 22.7.1983 to the following effect: No counter-affidavit filed. The respondents are directed to issue provisional permits to the petitioner without delay so as to enable them to ply their vehicles on the route in question till further orders.
(2.) Thereafter, in a ding dong manner, this writ petition has been repeatedly dismissed and restored. On 16.9.2003 it was dismissed for want of prosecution by Hon'ble R.K. Agrawal, J. and the said order was recalled on 31.8.2007. Again it was dismissed on 25.10.2007 by Hon'ble V.K. Shukla, J. as having rendered infructuous. Again it was restored on 21.2.2008 by Hon'ble Dilip Gupta,). Third time it was dismissed for want of prosecution on 18.11.2008 by Hon'ble S.U. Khan, J. and restored on 19.9.2011.
(3.) The facts of this case would show that in the last more than thirty three years, the petitioners have enjoyed certain benefits which otherwise they would not have even under the order dated 12/13.8.1975 passed by respondent No. 2, in pursuance whereof petitioners have sought a mandamus for issuance of permit.;