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2021 Supreme(UK) 148

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Amarjeet Kaur And Another - Appellant
Versus
State Of Uttarakhand & Ors. - Respondent
Writ Petition (M/S) No. 469 of 2021
Decided On : 01-03-2021

Advocates Appeared:
Sanjay Bhatt, Advocate, Devesh Ghildiyal, Advocate

The court emphasized the importance of considering pending applications for stage carriage permits in accordance with the law and directed the Regional Transport Authority to do so.

Headnote:

Motor Vehicles Act, 1988 - Stage Carriage Permit - Consideration of Applications

Fact of the Case:

The petitioners sought a mandamus to the Regional Transport Authority to take a final decision on their pending applications for stage carriage permits under the Motor Vehicles Act, 1988.

Finding of the Court:

The court directed the Regional Transport Authority to consider the petitioners' applications in its next meeting, provided the petitioners fulfill all conditions of eligibility.

Issues: Consideration of pending applications for stage carriage permits under the Motor Vehicles Act, 1988.

Ratio Decidendi: The court found that the petitioners' applications, submitted in December 2020, should be considered in the next meeting of the Regional Transport Authority, as per the notification issued by the Regional Transport Officer.

Final Decision: The writ petition was disposed of with a direction to the Regional Transport Authority to consider the petitioners' applications for stage carriage permits in its next meeting, subject to the fulfillment of eligibility conditions by the petitioners.

JUDGMENT

Manoj Kumar Tiwari, J. - By means of this writ petition, petitioners have sought the following relief:

    "i- A writ, order or direction in the nature of mandamus commanding the Respondents, particularly to the Respondent No. 3 to take a final decision in pending applications of Petitioners moved under section 80 of Motor Vehicles Act, 1988 seeking permit to ply their stage carrier buses in KichhaSitarganj-Nanaksagar-Khatima-Melaghat."

    2. According to the petitioners, they moved applications for grant of stage carriage permit. It is further the case of the petitioners that such applications were moved on 07.12.2020.

    3. Regional Transport Officer, Haldwani has issued a notification, according to which, a meeting of Regional Transport Authority is scheduled for 04.03.2021, in which applications received on or after 14.01.2020 are to be considered. According to the petitioners, since they have moved applications in the month of December, 2020, therefore, their applications are liable to be considered, even according to the said notification.

    4. Learned counsel for the petitioners confines his prayer and submits that the Regional Transport Authority be directed to consider petitioners' applications, in accordance with law.

    5. Learned Brief Holder appearing for respondents have no objection, if such direction is issued.

    6. Accordingly, writ petition is disposed of with a direction to Regional Transport Authority, Haldwani to consider petitioners' applications for grant of stage carriage permit, in its next meeting, provided petitioners fulfill all conditions of eligibility.

    7. Let a certified copy of this order be issued within 24 hours.

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