ZIAUL ISLAM AND ANR. Vs. STATE OF U.P. AND 8 ORS.
LAWS(ALL)-2017-9-212
HIGH COURT OF ALLAHABAD
Decided on September 22,2017

Ziaul Islam And Anr. Appellant
VERSUS
State Of U.P. And 8 Ors. Respondents

JUDGEMENT

MAHESH CHANDRA TRIPATHI, J. - (1.) Heard Shri L.P. Naithani, learned Senior Counsel assisted by Shri H.P. Dube, learned counsel for the petitioners; Shri Pankaj Rai, learned Addl. Chief Standing Counsel along with Shri Sanjay Kumar Singh, learned Standing Counsel for the State respondents; Shri Shashi Nandan, learned Senior Counsel assisted by Shri G.K. Malviya, learned counsel for eighth and ninth respondent; Shri Vikas Chandra Tripathi, learned counsel for fifth respondent and Shri Vivek Saran, learned counsel for sixth respondent.
(2.) Present writ petition has been filed against the order dated 13.1.2017 passed by the State Transport Appellate Tribunal, U.P., Lucknow (in short "the STAT")-second respondent in Appeal No. 78 of 2011 (Haji Rasheed Ahmad v. S.T.A. U.P. and Anr.) and Appeal No. 82 of 2011 (Zafar Ullah Khan v. S.T.A. U.P.) by which the STAT had accorded permits to the eighth and ninth respondent to ply their buses on the route namely "Mahoba-Chhatarpur via Malehra".
(3.) On the matter being taken up on 10.05.2017, an interim order was passed in favour of the petitioners with following effect:- "........Till the next date of listing, the operation and effect of the order dated 13.1.2017 passed by the State Transport Appellate Tribunal, Lucknow in Appeal No. 78 of 2011 (Haji Rasheed Ahmad v. S.T.A. U.P. and another) and Appeal No. 82 of 2011 (Zafar Ullah Khan v. S.T.A. U.P.) shall remain stayed and the respondents no. 8 and 9 are restrained from operating their vehicles on the route Mahoba-Chhatarpur via Malehra.";


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