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MAHESH CHANDRA TRIPATHI, RAM MANOHAR NARAYAN MISHRA
Manoj Kumar Singh – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. petitioners' vehicle permits and trip details. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. legal grounds for challenging timetable changes. (Para 8 , 9 , 10) |
| 3. court's authority and procedural expectation. (Para 11 , 12) |
| 4. writ petition determined and disposed. (Para 13) |
JUDGMENT
Heard Shri G.K. Malviya, learned counsel for the petitioners and Shri Sharad Chandra Srivastava, learned Standing Counsel for State respondents.
2. Present writ petition has been preferred for a direction to respondent no.2 to decide the applications of the petitioners and to restore the old time table granted to the petitioners.
3. It appears from the record that petitioner no.1 is registered owner of Vehicle No.UP-92-T-7862 duly insured with Oriental Insurance Company Ltd. He has been granted permit by Regional Transport Authority (RTA), Jhansi on the route known as Orai to Konch Via Hardoi Gujar, valid from 10.12.2021 to 9.12.2026. The total length of route of petitioner no.1 is 28 Kms and he has been granted time table dated 10.12.2021 by the RTA, Jhansi to ply his vehicles on the aforesaid route 03 trips per day.
4. The petitioner no.2 is registered owner of Vehicle No.UP-93-E6140 duly insured wit
The central legal point established in the judgment is that the authority did not have the power to review the timing in the Stage Carriage Permit, as the Act does not confer such power and there was....
The authority has the power to condone delays and consider objections raised against proposed time tables and permit renewals.
Unilateral modification of a time table for an inter-state carriage permit without consent is contrary to statutory provisions and existing transport agreements, rendering such modifications illegal.
The Regional Transport Authority is not authorized to fix vehicle timings for state transport undertakings under relevant Motor Vehicles legislation.
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