B.S.CHAUHAN, J. - (1.) This writ petition has been filed challenging the resolution passed by the Regional Transport Authority, Varanasi (hereinafter called the R.T.A.) dated 28-2-2004 granting 40 Permanent Stage Carriage permits in favour of Uttar Pradesh State Road Transport Corporation (hereinafter called the U.P.S.R.T.C.) on the route of the petitioner, i.e, Varanasi- Ghazipur.
(2.) Facts and circumstances giving rise to this case are that petitioner is an Association of existing Permanent Stage Carriage Permit holders on the route Varanasi- Ghaziapur-via-Saidpur. From time to time , permits have been granted on the aforesaid non-nationalised route. The U.P.S.R.T.C. also made an application for grant of 40 permits on the said route. Petitioners had not been served the copy of the said application. However when they came to know about it they approached this Court by filing the writ petition No. 6706 of 2004 which was disposed of by this Court vide order dated 20-4-2004, wherein the respondent No. 2 was directed to decide the objections filed by the petitioners before the grant of permits is made in favour of the U.P.S.R.T.C. Vide impugned resolution dated 28-2-2004, permits have been granted in favour of U.P.S.R.T.C. Hence this petition.
(3.) Shri Arvind Srivastava, learned counsel appearing for the petitioners has submitted that permits have been granted in utter disregard and flagrant violation of the statutory provisions contained in Section 68 (3) (CA) of the Motor Vehicles Act, 1988 (hereinafter called the Act 1988) which enables only the Central Government/State Government to create and abolish a route. Regional Transport Authority (hereinafter called the R. T. A.), Varanasi did not have competence to create a route on which the permits have been granted to the U.P.S.R.T.C. Moreso, while granting such permits, the order of this Court dated 20-2-2004 has not been complied with and no opportunity of hearing has been given to the petitioners. Thus, the resolution of the R.T.A. dated 28-2-2004 is liable to be quashed.;