- (1.) All the ten Petitioners herein operate public service vehicles on the route Gorakhpur-Kaptanganj via Pipraich (hereinafter referred to as the 'route') According to them, the Regional Transport Authority, Gorakhpur, while granting permits for such operation had fixed an area near Gorakhpur Railway Station where from their vehicles were to start and terminate their journey. Their common grievance in this writ petition is that the District Magistrate, Gorakhpur, in purported exercise of his powers conferred by Section 117 of the Motor Vehicles Act, 1988 ('Act' for short), read with Rule 93 of the U.P Motor Vehicles Rules, 1950, has issued an illegal and unjust order on 23 1-1992, whereby he has specified their bus stand at a place known as Asuran Chowk, which is four kilometres away from their original bus stand near the Gorakhpur Railway Station The contend that, even though the District Magistrate has indicated in that order that their 'halting siation' was being specified, for all intents and purposes he has specified ther 'bus stand' as by the impugned order they have also been injuncted from plying their vehicle beyond the halting station of Asuran Chowk, While admitting that the District Magistrate has power under Section 117 of the Act to fix or shift a 'halting station' they assert that he has no power to fix or shift a 'bus stand'.
(2.) In assailing the above contention of the Petitioner, the Respondents, including the U.P. State Road Transport Corporation, at whose instance and for whose benefit, according to the Petitioners. the impugned order has been passed, have contended that the impugned order relates to a 'halting station' and not a 'bus stand' and therefore the District Magistrate was competent to pass the impugned order.
(3.) After we had heard the matter and reserved our judgment, a supplementary affidavit was filed on behalf of the Petitioners bringing to our notice that the impugned order dated 23-1-1992 was modified by a subsequent order dated 15-5-1992 wherein the 'halting station' of 'he Petitioners' buses has been shown at serial No. 10 instead of serial No. 7 as in the earlier order, without however in any way modifying the contents thereof and making a further prayer to quash this notification dated 15-5-1992 also.;