REGIONAL TRANSPORT AUTHORITY, LUCKNOW Vs. MOHAMMAD USMAN ALI, LUCKNOW

JUDGEMENT

(1.) JUDGEMENT Regional Transport Authority, Lucknow Region, Lucknow prefers this appeal from the decision of a learned Single Judge allowing the respondents petition under Article 226 of the Constitution.

(2.) ON 9th August, 1962 the respondent held a stage carriage permit on Barabanki -Kotwa route. It was valid up to 8th August, 1965. The said route was notified on 1st December, 1962 stating that the U. P. Government Road-ways would start plying buses with effect from 16th December, 1962. The respondent applied on 13th December, 1962 for an alternative route as a displaced operator. A true copy of that application is annexure 1 to the petition. In this application he indicated that he may be given an alternative permit on one of the three routes, namely Lucknow-Hardoi, Barabanki-Faizabad and Sitapur-Hardoi, On 15th December, 1962 Regional Transport Authority, Lucknow Region, Lucknow raised strength on Hardoi -Sitapur route from 6 to 14 and invited applications to fill the vacancies thus arising. A number of persons applied. Khushal Chand Mehrotra was one of them.

(3.) IT was on the basis of the aforesaid reasoning that the contentions raised by the Regional Transport Authority were repelled and Jugal Kishore Agarwal, petitioner in that case, was granted the relief already indicated above. Learned Single Judge, who disposed of the case under appeal, felt himself bound by the decision of the Division Bench and accordingly allowed the petition of the respondent quashing the impugned order giving an alternative permit to the respondent on Hardoi-Shahjahanpur route and directing the Regional Transport Authority to grant him an alternative permit on Hardoi-Sitapur route as already agreed to between the parties.