- (1.) Heard Sri Samir Sharma, learned counsel for the petitioner and perused the record. None of the counsels for respondents are present even in the revised list.
(2.) Background of the case is that U.P.State Road Transport Corporation created under section 3 of the Road Transport Corporation Act, 1950 is a State Transport undertaking within the meaning of Section 2 (42) (ii) of the Motor Vehicles Act, 1988. The State Transport Authority granted permits to the petitioner corporation on two routes i. e. (1) Delhi- Kotdwar via Modi Nagar-Meerut-Meerapur-Bijnor and (2) Delhi-Nazibabad via Bijnor-Meerapur-Meerut-Ghaziabad. On both the routes the distance between Bijnor and Najibabad can be travelled either through Mandawali or Kiratput, but in the permits there was no restriction for the corporation to ply only via Mandawali. Respondent no.4, a private operator, filed Writ Petition No.755 of 2002 before Lucknow Bench of the High Court. The said writ petition was disposed of directing the Transport Commissioner, Lucknow to decide the representation of respondent no.4 as to whether the corporation was entitled to ply its vehicles via Kiratpur. By order dated 26.02.2002 the Transport Commissioner decided the representation recording a finding that as the portion Bijnor-Najibabad via Kiratpur was non notified, hence the permits were not issued to the corporation to ply on the said portion. On this basis the corporation has been restrained from plying its vehicles via Kiratpur and instead should ply its vehicles via Mandawali only.
(3.) The learned counsel for the petitioner submits that Chapter (V) of the Motor Vehicles Act, 1988 provides for control of transport vehicles. The provisions of the said chapter lay down the procedure for applying and grant of permits on non notified route. Chapter VI of the Act contains special provisions relating to 'Transport Undertakings' and provides for preparation and publication of scheme providing for transport services to be run by the State Transport Undertakings to the complete or partial exclusion of other persons.;