- (1.) B. S. Chauhan, J. This writ petition has been filed raising the grievance that the petitioner is an existing operator and permits are granted on his route on temporary basis repeatedly, which is not permissible in law.
(2.) FACTS and circumstances giving rise to this case are that petitioner claims to hold a permanent stage carriage permit on the route in question, namely, Aligarh-Sikandera Rau, Jalesar- Hathras Junction. His grievance is that the Regional Transport Authority, respondent No. 1 is successively/repeatedly granting temporary stage carriage permits on the said route,which is not permissible in law. Petitioner has filed representation/objections dated 30-3-2002 before the respondent No. 1 Regional Transport Authority, Aligarh, which has not yet been decided. Hence this petition. Shri A. R. Dube, learned Counsel for the petitioner has submitted that granting temporary stage carriage permit successively/repeatedly is not envisaged under the Motor Vehicles Act, 1988 (hereinafter called the Act, 1988) nor such a course was permissible under the Motor Vehicles Act, 1939 (hereinafter called the Act 1939) and temporary permits are being granted in violation of the statutory provisions. The petitioner has filed representation before the respondent No. 1 which has not been decided. Hence this Court should issue direction to decide the said representation after giving an opportunity of hearing to the petitioner. Learned Standing Counsel has vehemently opposed the petition contending that not a single person who had been granted temporary permit has been impleaded nor any particulars of such grant has been furnished. Petition is not maintainable on such vague pleadings. Even otherwise if petitioner is aggrieved of such a grant, he is free to maintain the revision under the Act, 1988, but writ petition does not lie. Hence the petition is liable to be dismissed.
(3.) WE have considered the rival submissions made by the learned Counsel for the parties and perused the record. In identical cases, this Court has directed the petitioners to file representation and directed the authorities to dispose of the same in accordance with law. Therefore, Shri A. R. Dubey, learned Counsel for the petitioner has prayed that the same directions may be issued.;