- (1.) This writ petition has been filed against the impugned order of the State Transport Appellate Tribunal, U.P. dated 27.9.1995 Annexure 3 to the writ petition and for a writ of certiorari to quash the resolution dated 14/15.6.1993 passed by the State Transport Authority, U.P. granting stage carriage permits to the Respondents.
(2.) Heard Sri L. P. Naithani, learned Senior Advocate and Sri A. D. Saunders for the Petitioner, and Sri K. N. Tripathi, learned Senior Advocate and Sri A. R. Dubey for the private Respondents as well as learned standing counsel for the Respondents.
(3.) The facts of the case are that there is an inter-regional route known as Muzaffarnagar-Bhopa-Morna-Bijnore route. A sketch map in this connection is Annexure 1 to the writ petition. This route was earlier passing from Morna direct to Bijnore via a Pontoon Bridge at Rawli Ghat and it was notified under Section 68D(3) of the Motor Vehicles Act, 1939 on 28.9.1977 published in the U.P. Gazette on 5.11.1977. True copy of the said notification is Annexure SCA-3 to the supplementary counter-affidavit of Vishnu Datt Paliwal. A perusal of the said notification shows that existing operators were allowed to continue operating vide clause 4 of the said notification. The Petitioners were existing operators since their permits were issued prior to 5.11.1977 and hence then they continued to operate. Since the major portion of the route lies within Meerut region, it is the R. T. A., Meerut region which is entitled to grant renew the permits on the route.;