- (1.) BY means of this writ petition, the petitioner has sought the following reliefs: "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere with the plying of the petitioner's vehicles for want of Contract Carriage Permits/ Stage Carriage Permits, if the vehicles are carrying the employees of the ITI, their school going children and family members from different places. (ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to prosecute the petitioner vehicles under Section 207 of the Motor Vehicles Act, since the vehicles are engaged in carrying the employees of ITI Ltd. Raebareli."
(2.) THE claim of the petitioner is that the petitioner is a transporter and has entered into a contract with Indian Telephone Industries (hereinafter referred to as 'the ITI') for carrying the staff of the ITI and their school going children under the Welfare Scheme of the ITI. It has been alleged that the vehicles belonging to the petitioner are stationed in the campus of ITI and are plying under its control. The vehicles are not the public service vehicles, as such, there is no need for obtaining any Contract Carriage or Stage Carriage permit but the transport authorities are insisting to obtain such permits.
(3.) IT is well settled principle of law that a mandamus cannot be issued unless the attention of the authority concerned is invited towards the controversy and in case, the authority declined the relief as claimed by the person, the aggrieved person may come before this Court for seeking mandamus. In this case, no such exercise has been carried out by the petitioner. Therefore, we are of the view that the petitioner may first raised his grievance before the competent authority.;