- (1.) HEARD counsel for the petitioner and learned standing counsel.
(2.) THIS writ petition has been filed for a writ of mandamus commanding the R. T. A. Aligarh not to grant or issue any permit on Somana-Naujhil via Khair-Gomat Morh-Bajana route. A large number of petitions are being filed in this Court praying for a man damus directing the R. T. A. concerned not to grant or issue any permit on a route which is alleged to be wholly or partially notified. In our opinion all such writ petitions are liable to be dismissed on the ground that the petitioner has an alternative remedy of filing an objection before the R. T. A. con cerned, and this objection should be decided by the R. T. A. by a speaking order after hear ing the parties concerned before granting any further permit on the route in question. If the R. T. A. upholds the objection and decides that no permit can be granted on the said route then it should forthwith reject the application for permit, and it will be then open to the applicant to challenge the said order by filing an appeal under Section 89 of the Motor Vehicles Act before the State Transport Appellate Tribunal. If, on the other nand, the objection is rejected then no appeal/revision/writ petition will be main tainable against the order rejecting the ob jection, and the R. T. A. must then proceed to decide the application for grant of permit in accordance with law. If the R. T. A. grant the permit, it will be open to the objector to file a revision under Section 90 of the Motor Vehicles Act before the State Transport Ap pellate Tribunal and in that revision he can not only challenge the order granting the permit but he can also challenge the order rejecting his objection before the R. T. A. In any case, no writ petition will ordinarily be entertained until the forum of ap peal/revision before the State Transport Appellate Tribunal has been availed of.
(3.) IN the present case also, we dispose of- this petition granting liberty to the petitioner to raise any objection before the R. T. A. that no permit can be granted on the route in question and the R. TA. will decide this objection by a speaking order alter hearing the parties concerned before grant ing any permit on the route in question. If the said objection is rejected by the R. T. A. no writ petition will be entertained straightaway against that order but it will be open to the objector to file a revision under Section 99 before the Tribunal if a permit is granted, if the objection is allowed, the ap plication for grant of permit will be straigh taway rejected and it will be open to the applicant for permit to file an appeal under Section 89 in which he can also challenge the order of the R. TA. upholding the objec tion that no permit can be granted on the route in question. With these observations the petition is disposed of. Order accordingly .;