B.S. Chauhan, J. - (1.) This writ petition has been filed for quashing the condition granted by the Regional Transport Authority, Jhansi of Stage Carriage Permit, vide its resolution dated 5.9.2005, that petitioners shall not ply a vehicle registered more than 10 years back, i.e., prior to 1.1.1995.
(2.) Shri C.K. Rai, learned Standing Counsel, appearing for the respondents has raised a preliminary objection regarding entertaining the writ petition, contending that the impugned order is appealable under Section 89 of the Motor Vehicles Act, 1988 (hereinafter called the Act) and the petitioners must exhaust the remedy of appeal before the State Transport Appellate Tribunal. Thus, the writ petition should not be entertained as it has been filed without exhausting the statutory remedy of appeal.
(3.) It is contended by Shri Vivek Shandilya, learned counsel for the petitioners that it is not necessary for the petitioners to approach the Tribunal by filing the appeal or revision as the condition has been imposed in contravention of the provision of Section 59 of the Act which empowers only the Central Government to issue Notification in this regard. Therefore, the preliminary objection raised by Shri Rai should be rejected and writ petition should be entertained.;