GAVARDHAN SINGH Vs. UNION OF INDIA, MINISTRY OF TRANSPORT AND OTHERS
LAWS(ALL)-1994-3-121
HIGH COURT OF ALLAHABAD
Decided on March 07,1994

GAVARDHAN SINGH Appellant
VERSUS
UNION OF INDIA, MINISTRY OF TRANSPORT AND OTHERS Respondents

JUDGEMENT

S.H.A. Raza, J. - (1.) The petitioners of the aforesaid writ petitions have prayed for the issue of a writ in the nature of mandamus commanding the opposite parties not to impose the model restrictions in respect of the age or model of their vehicles on the regular stage carriage permits which were granted to them by the Regional Transport Authorities. They want to operate their buses, after obtaining fitness certificate granted by the concerned transport authority in accordance with the provisions of Section 55 of the Motor Vehicles Act, 1988 (here-in-after referred to as the 'Act') till the validity of their permits, in spite of fact that the model of their vehicles do not come within the ambit of the orders issued by the State Transport Authority and the Regional Transport Authorities.
(2.) The petitioners have raised a grievance that on the ground of model conditions restrictions the opposite parties are not allowing to operate their vehicles on regular stage carriage permits, held by them.
(3.) It is pertinent to mention here that the State Transport Authority, Uttar Pradesh by means of its resolution dated 3-9-1991 resolved to restrict those vehicles from being plied in places which are more than twenty years old and ten years old for the vehicles which are being plied in hill areas of the State. Besides above, the Regional Transport Authorities have restricted the plying of stage carriages by imposing different model restrictions, meaning thereby that some of them have restricted vehicles from being plied which are ten or fifteen years old, as a result of which there was no uniformity regarding the model conditions, restrictions about the age of the vehicles covered with stage carriage permits throughout the State.;


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