Bir Singh Vs. Regional Transport Authority, Dehradun and Another

Bir Singh vs Regional Transport Authority, Dehradun and Another

Type Court Judgment Court Allahabad Decided Sep 17, 1997

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Citation: sooperkanoon.com/461975
Court: Allahabad High Court
Judge: R.R.K. Trivedi and ;M. Katju, JJ.
Decided On: Sep 17, 1997
Case Number: C.M.W.P. No. 31877 of 1990
Subject: Motor Vehicles

Case Summary

AI-generated summary - not the official court judgment text.

Motor Vehicles - grant of permit - Motor Vehicles Act, 1988 - petition filed praying non issuance of permit - grounds alleged that route is notified - permit on said route cannot be granted. -

Key legal issue: Motor Vehicles
Acts & sections: Motor Vehicles Act, 1988

Parties & Advocates

Appellant / Petitioner

Bir Singh

Advocate M.M. Ghildyal, Adv.

Respondent

Regional Transport Authority, Dehradun and Another

Advocate S.C. and ;A.D. Saunders

Legal References

Acts: Motor Vehicles Act, 1988
Reported In: I(1999)ACC101; 1998(1)AWC708

Excerpt

motor vehicles - grant of permit - motor vehicles act, 1988 - petition filed praying non issuance of permit - grounds alleged that route is notified - permit on said route cannot be granted. - r.r.k. trivedi and m. katju, jj.1. heard counsel for the petitioner and learned standing counsel.2. this petition has been filed for a direction to the respondents not to grant/issue permits on dehradun-vikas nagar--dak paththar via prem nagar. this relief has been sought on the ground that the route is a notified route. in out opinion, it is not necessary to issue any direction in this regard. if the route in question or any part thereof is a notified route, then permit cannot be granted on the same.3. we thus dispose of this petition with the direction to the respondent no. 1 that whenever they propose to grant any permit on the aforesaid route, they shall hear the petitioner who is an existing operator on the route and pass a speaking order on his objection before granting a permit. it shall be open to the petitioner to raise all questions of law and fact in their objection. the interim order dated 5.12.1990 is discharged.

Full Judgment

R.R.K. Trivedi and M. Katju, JJ.

1. Heard counsel for the petitioner and learned standing counsel.

2. This petition has been filed for a direction to the respondents not to grant/Issue permits on Dehradun-Vikas Nagar--Dak Paththar via Prem Nagar. This relief has been sought on the ground that the route is a notified route. In out opinion, it is not necessary to issue any direction in this regard. If the route in question or any part thereof is a notified route, then permit cannot be granted on the same.

3. We thus dispose of this petition with the direction to the respondent No. 1 that whenever they propose to grant any permit on the aforesaid route, they shall hear the petitioner who is an existing operator on the route and pass a speaking order on his objection before granting a permit. It shall be open to the petitioner to raise all questions of law and fact In their objection. The interim order dated 5.12.1990 is discharged.

Same Court & Year Allahabad · 1997 Same Parties Bir Singh vs Regional Transport Authority, Dehradun and Another Same Subject Motor Vehicles Same Judge R.R.K. Trivedi and ;M. Katju, JJ. Acts & Sections Motor Vehicles Act, 1988

Motor Vehicles