SHEO KUMAR SINGH,J. - (1.) By means of this writ petition filed under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:- I. Issue a writ in the nature of mandamus commanding to the respondent no.1 and 2 to modify the notification no.7/2016/1125/XXX-2-2016-03(25)/16 dated 14th September 2016 as well as final notification No. 1/2017/1416XXX-2-2016-03 (25)/16 dated 03.01.2017 in reference to route Muzaffarnagar-Kutehshra via Rohana and allied route and include/accommodate the petitioner's permit number P.St.P No. 447/3443 along with other four similarly situated permit holder's permit numbers mentioned in Column 4 (4) in final notification dated 03.01.2017. II. Issue a writ, order or direction in the nature of mandamus commanding the Respondent Nos.1 and 2 to include/accommodate the petitioner's permit along with buses of Uttar Pradesh State Road Transport Corporation in notification dated 29.05.1993 as modified by pre-notification no. 7/2016/1125/30-2-2016-03 (25)/16 dated 14th September, 2016 as well as final notification No.1/2017/1416/XXX-2- 2016-03(25)/16 dated 03.01.2017 and permitted to ply their vehicle on the route Muzaffarnagar-Kutehshra via Rohana and allied routes as other four similarly situated permit holders have been included/accommodated and mentioned their permit numbers in column no.4 (4) in the notification dated 03.01.2017 under Section 102 of the Motor Vehicle Act, 1988 in public interest. III. Issue a writ in the nature of mandamus commanding the respondent nos. 1 and 2 to not give effect the impugned Notification No.1/2017/1416/XXX-2-2016-03(25)16 dated 03.01.2017 [contained as Annexure No.6] until and unless to include/accommodate the petitioner's permit no. 447/3443 along with other four similarly situated permit holders holding permit nos. 1558/3444; 1562/3442; 1565/3441; 1755/3440, which have been included/accommodate in the notification dated 03.01.2017 mentioned at column no.4 [4] in scheme dated 29.05.1993 modified with pre-notification no. 7/2016/1125/30-02-2016-03(25)/16 dated 14th September, 2016 and finally notified as final notification no. 1/2017/1416/XXX-2-2016 -03(25)16 dated 03.01.2017 to ply their vehicle on the route Muzaffarnagar-Kutehshra via Rohana and allied routes. Their permit numbers have been mentioned in proposed modification Column-4 under Section 102 of the Motor Vehicle Act, 1988 [Act No. 59 of 1988] read with rule 128 and rule 129 of the Uttar Pradesh Motor Vehicle Rules, 1998 in public interest. IV. Issue a writ in the nature of mandamus commanding the relevant respondents to permit the petitioner to ply his vehicle along with other four similarly situated permit holders on the route in question on the basis of his regular stage carriage permit in the interest of justice.
(2.) The brief facts giving rise to filing of the present writ petition are that the petitioner is a regular stage carriage permit holder for route Muzaffarnagar-Kutehshra via Rohana and allied routes. Before 13.02.1986, five permit holders were permitted to ply the buses on the route in question and the petitioner was one of them regular stage carriage permit holder but while issuing the order impugned dated 03.01.2017 the permit of the petitioner was not included in the list of the persons authorised to ply the vehicles on above route, thus, the present writ petition.
(3.) For proper adjudication of the controversy involved in the present writ petition, it would be just to reproduce below the relevant provisions of Motor Vehicle Act 1988 - 2. Definitions. - In this Act, unless the context otherwise requires, - (38) "route" means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another ; 98. Chapter to override Chapter V and other laws. - The provisions of this Chapter and the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in Chapter V or in any other law for the time being in force or in any instrument having effect by virtue of any such law. 99. Preparation and publication of proposal regarding road transport service of a State transport undertaking. - (1) Where any State Government is of opinion that for the purpose of providing an efficient, adequate, economical and properly co-ordinated road transport service, it is necessary in the public interest that road transport services in general or any particular class of such service in relation to any area or route or portion thereof should be run and operated by the State transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State Government may formulate a proposal regarding a scheme giving particulars of the nature of the services proposed to be rendered, the area or route proposed to be covered and other relevant particulars respecting thereto and shall publish such proposal in the Official Gazette of the State formulating such proposal and in not less than one newspaper in the regional language circulating in the area or route proposed to be covered by such scheme and also in such other manner as the State Government formulating such proposal deem fit. (2) Notwithstanding anything contained in sub-section (1), when a proposal is published under that sub-section, then from the date of publication of such proposal, no permit shall be granted to any person, except a temporary permit during the pendency of the proposal and such temporary permit shall be valid only for a period on one year from the date of its issue or till the date of final publication of the scheme under section 100, whichever is earlier. 100. Objection to the proposal. - (1) On the publication of any proposal regarding a scheme in the Official Gazette and in not less than one newspaper in the regional language circulating in the area or route which is to be covered by such proposal any person may, within thirty days from the date of its publication in the Official Gazette, file objections to it before the State Government. (2) The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State transport undertaking to be heard in the matter, if they so desire, approve or modify such proposal. (3) The scheme relating to the proposal as approved or modified under subsection (2) shall then be published in the Official Gazette by the State Government making such scheme and in not less than one newspaper in the regional language circulating in the area or route covered by such scheme and the same shall thereupon become final on the date of its publication in the Official Gazette and shall be called the approved scheme and the area or route to which it relates shall be called the notified area or notified route ; Provided that no such scheme which relates to any inter-State route shall be deemed to be an approved scheme unless it has the previous approval of the Central Government. (4) Notwithstanding anything contained in this section, where a scheme is not published as an approved scheme under sub-section (3) in the Official Gazette within a period of one year from the date of publication of the proposal regarding the scheme in the Official Gazette under sub-section (1), the proposal shall be deemed to have lapsed. Explanation. - In computing the period of one year referred to in this subsection, any period or periods during which the publication of the approved scheme under sub-section (3) was held up on account of any stay or injunction by the order of any Court shall be excluded. 101. Operation of additional services by a State transport undertaking in certain circumstances. - Notwithstanding anything contained in section 87, a State transport undertaking may, in the public interest operate additional services for the conveyance of the passengers on special occasions such as to and from fairs and religious gatherings. Provided that the State transport undertaking shall inform about the operation of such additional services to the concerned Transport Authority without delay. 102. Cancellation or modification of scheme.- (1) The State Government may, at any time, if it considers necessary, in the public interest so to do, modify any approved scheme after giving - (i) the State transport undertaking ; and (ii) any other person who, in the opinion of the State Government, is likely to be affected by the proposed modification, an opportunity of being heard in respect of the proposed modification. (2) The State Government shall publish any modification proposed under sub-section (1) in the Official Gazette and in one of the newspapers in the regional languages circulating in the area in which it is proposed to be covered by such modification, together with the date, not being less than thirty days from such publication in the Official Gazette, and the time and place at which any representation received in this behalf will be heard by the State Government. 103. Issue of permits to State transport undertakings. - (1) Where, in pursuance of an approved scheme, any State Transport undertaking applies in such manner as may be prescribed by the State Government in this behalf for a stage carriage permit or a goods carriage permit or a contract carriage permit in respect of a notified area or notified route, the State Transport Authority in any case where the said area or route lies in more than one region and the Regional Transport Authority in any other case shall issue such permit to the State Transport undertaking, notwithstanding anything to the contrary contained in Chapter V. (2) For the purpose of giving effect to the approved scheme in respect of a notified area or notified route, the State Transport Authority or, as the case may be, the Regional Transport Authority concerned may, by order,- (a) refuse to entertain any application for the grant or renewal of any other permit or reject any such application as may be pending ; (b) cancel any existing permit ; (c) modify the terms of any existing permit so as to - (i) render the permit ineffective beyond a specified date ; (ii) reduce the number of vehicles authorised to be used under the permit; (iii) curtail the are or route covered by the permit in so far as such permit relates to the notified area or notified route. (3) For the removal of doubts, it is hereby declared that no appeal shall lie against any action taken, or order passed, by the State Transport Authority or any Regional Transport Authority under subsection (1) or sub-section (2). 104. Restriction on grant of permits in respect of a notified area or notified route. - Where a scheme has been published under subsection (3) of section 100 in respect of any notified area or notified route, the State Transport Authority or the Regional Transport Authority, as the case may be, shall not grant any permit except in accordance with the provisions of the scheme ; Provided that where no application for a permit has been made by the State Transport undertaking in respect of any notified area or notified route in pursuance of an approved scheme, the State Transport Authority or the Regional Transport Authority, as the case may be, may grant temporary permits to any person in respect of such notified area or notified route subject to the condition that such permit shall cease to be effective on the issue of a permit to the State Transport undertaking in respect of that area or route.;