- (1.) The Petitioners were granted permanent stage carriage permits by Regional Transport Authority, Bareilly (hereinafter referred to as R.T.A), 'on, 20-12-89 on Bareilly-Badaun via Bhamora route, (hereinafter referred to as the Route). R.T.A. however, did not issue those permits inspite of order of grant in view of the intrim order dated 11-1-1990), passed by this Court in a writ petition. Petitioners, as such, have filed this writ petition for writ of mandamus directing the Respondents to issue them permits in accordance with the order of grant dated 20-12-1989.
(2.) A counter affidavit has been, filed on behalf of R.T.A in which it has been stated that as the route has been notified under Section 68-D of the motor vehicles Act, 1939 for operation of State transport undertaking no permit can be issued to the Petitioners. A counter-affidavit has also been fried on behalf of the U.P. state Road Transport Corporation (hereinafter referred to the Corporation) in which identical plea of the route being nationalised has been taken. The Petitioner have filed rejoinder-affidavit in reply to the above counter - affidavit.
(3.) Sri C.P Ghildiyal, learned Counsel for the Petitioners has suhmitted that as the scheme itself permits private operators by Clause 5, it cannot be said to be a scheme for exclusive operation. It has been further argued that in view of the Clauses 4 and 8 of the scheme the scheme cannot be said to be a scheme excluding the other private operators from operating vehicles on the route.;