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2005 Supreme(SC) 408

R. C. LAHOTI, D. M. DHARMADHIKARI
V. P. SRTC – Appellant
Versus
SANJIDA BANG – Respondent


ORDER

1. Leave granted.

2. The dispute in this case relates to Lucknow- Kursi- Tikaitganj route in the State of Uttar Pradesh. It is not disputed that a scheme was published under Section 68-0 of the Motor Vehicles Act, 1939, which is equivalent to sub-section (3) of Section 100 of the Motor Vehicles Act, 1988, in respect of this route and it is a notified route. It is also not disputed that the State transport undertaking is operating on this route as per the notified scheme. It appears that this route was sought to be denotified by the State Government.

The notification proposing to denotify the route was challenged in the High Court by filing a writ petition which is pending in the High Court. During the pendency of the petition, the High Court has by an interim order directed the denotification to remain stayed. Thus, factually as on the day, the scheme as to the abovesaid notified route stands and is in operation.

3. The respondents herein filed an application before the Regional Transport Authority for the grant of temporary permit on this route. The prayer was declined, whereupon the respondents filed a writ petition in the High Court. The High Court has disposed of the writ







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