JITENDRA JOSHI Vs. STATE OF UTTARANCHAL
LAWS(ALL)-2007-5-150
HIGH COURT OF ALLAHABAD
Decided on May 24,2007

JITENDRA JOSHI Appellant
VERSUS
STATE OF UTTARANCHAL Respondents

JUDGEMENT

- (1.) RAJEEV Gupta C. J. Mr. Deepak Sharma, Advocate on behalf of Mr. Ramji Srivastava, Advo cate for the petitioner. Mr. Lalit Sharma, Brief Holder for the respondents. They are heard.
(2.) PETITIONER Jitendra Joshi has filed this writ petition for the following reliefs "i. Issue a writ, order or direction in the nature of Certiorari calling for the records and quashing the press note dt. 6-12-2006 (Annexure No. 4 to this writ pe tition), issued by Secretary, Re gional Transport Authority, Dehradun respondent no. 2. ii. issue a writ, order or direction in the nature of Mandamus re straining the respondent authori ties from proceeding in respect of route in question, on the basis of press note dt. 6-12-2006 (Annexure No. 4 to this writ pe tition), published in Hindi daily newspaper "danik Jagran". iii. pass any other and further or ders, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. iv. award the cost of writ petition to the petitioner. " The petitioner is an existing Bus-Operator on the route 'dehradun-Vikasnagar-Dakpathar-Kalsi'and his per mit is valid upto 17-03-2010. The Re gional Transport Authority, Dehradun published a notice in the Daily edition of Danik Jagran dated 29-11-2006 to the effect that a meeting will be held on 11-12-2006 for consideration of the ap plications for grartt of permit on various routes. The said meeting was preponed to 10-12-2006 and a notice was pub lished to that effect in Danik Jagran on 06-12-2006. The petitioner apprehend ing adverse effect on his business inter est on account of the grant of permit on Dehradun-Selakui route, submitted rep resentation to respondent No. 2 on 04-12-2006, wherein the petitioner has ob jected to the grant of permit on Dehradun-Selakui route. As the Regional Transport Au thority, Dehradun is yet to consider the applications for grant of permit, the writ petition, in our opinion, is premature. The petitioner has already submitted his objections before Regional Transport Authority, Dehradun. In the event of grant of permit by Regional Transport Authority, Dehradun, the petitioner can very well avail the statutory remedies under the provisions of the Motor Vehi cles Act, 1988.
(3.) IN this view of the matter, the writ petition is liable to be dismissed and is hereby dismissed. Consequently, the interim order dated 07-12-2006 stands vacated auto matically.;


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