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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Anand Moudgil – Appellant
Versus
Chairman, State Transport Authority of H.P. – Respondent
| Table of Content |
|---|
| 1. rejections of petitioner's suo motu stage carriage permit applications. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner asserts statutory right; state cites binding hc judgments. (Para 6 , 7) |
| 3. section 80 permits applications anytime; orders rely on precedents. (Para 8 , 9 , 10 , 11 , 12) |
| 4. rtas must notify routes before considering permit applications. (Para 13 , 14 , 15) |
| 5. single bench bound by division bench; writs dismissed. (Para 16 , 17 , 18) |
Judgment :
Ajay Mohan Goel, J.
As common issues of facts and law are involved in all these writ petitions and as common arguments were addressed by the petitioner and learned Advocate General in all these petitions, they are being disposed of vide common judgment.
2. The reliefs prayed for in all these three writ petitions are as under:
In CWP No.5853 of 2021, the petitioner has, inter alia, prayed for the following reliefs:-
“i. That impugned order dated 22.9.2020 passed by the respondent, conveyed through Secretary- State Transport Authority, Himachal Pradesh may be quashed/set aside;
2) That respondent be directed to strictly adhere to the provisions of law namely Ss. 80, read with 70, 71, 72,88 duly settled by the Hon'ble Supreme C
Suo motu applications for stage carriage route permits impermissible without prior route notification and publication; authorities must strictly adhere to procedural rules and binding precedents to p....
The provisions of Chapter VI of the Motor Vehicles Act, 1988 have an over-riding effect over the provisions of Chapter V and as such, under the provisions to Section 104, only STA or RTA are the comp....
The grant of permits to private operators on nationalized routes is prohibited under the scheme framed under Chapter IVA of the Motor Vehicles Act, 1939.
The central legal point established in the judgment is the adherence to the Motor Vehicle Act, relevant notifications, and the authority's compliance with the legal framework in issuing and cancellin....
Public convenience is paramount when considering applications for route variations under the Motor Vehicles Act, mandating a reasoned decision by transport authorities.
The court ruled on the entitlement of the appellant to a stage carriage permit independent of another party's renewal application, emphasizing amended legislative provisions.
The authority may modify transportation permits for traffic management without violating fundamental terms, and such modifications are legally justified if properly reasoned.
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