JUDGEMENT
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(1.) The petitioners have filed this petition under Articles 226 and
227 of the Constitution of India for issuing a writ of mandamus directing
respondents No.2 and 3 to entertain the application of the petitioners for
grant of stage carriage permits under Section 80(2) of the Motor Vehicles
Act, 1988 (hereinafter referred to as 'the Act') on the non-nationalized
route from Bagha Purana to Rampura via Phullewal Pul, Smadh Bhai,
Rounta, Pakharwad, Dyalpura, Bhaika, Salabedpura, Bhai Roopa, Gill,
Harnam Singh Wala, Phool (hereinafter referred to as 'the route in
question') and return trip thereof; and with a further direction to the
respondents not to proceed with the so-called Mini Bus Scheme got
published
in the Motor Transport Gazette Weekly dated September 1,
2007 as the proposed scheme is in violation of the law laid down by the
Supreme Court in Jagjit Bus Service, Amritsar v. STAT of Punjab etc.,
AIR 1987 SC 2272.
(2.) It is the case of the petitioners that they want to apply for
grant of permit to ply mini buses on the route in question. For the said
purpose, the petitioners had approached the Regional Transport Authority
requesting it to supply the requisite form, but the said Authority did not
supply the requisite form to the petitioners to enable them to apply for the
grant of the aforesaid permit.
(3.) It is further the case of the petitioners that whenever a citizen
wants to have a permit on a route, which is a non-nationalized route, the
Regional Transport Authority is bound to grant the permit to such
applicant under Section 80(2) of the Act.;
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