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2007 DIGILAW 287 (UTT)

Sri Jitendra Joshi v. State of Uttaranchal

2007-05-21

J.C.S.RAWAT, RAJEEV GUPTA

body2007
JUDGMENT [Per: Hon'ble Rajeev Gupta C.J. (Oral)] Mr. Deepak Sharma, Advocate on behalf of Mr. Ramji Srivastava, Advocate for the petitioner. Mr. Lalit Sharma, Brief Holder for the respondents. They are heard. 2. Petitioner Jitendra Joshi has filed this writ petition for the following reliefs: "i. Issue a writ, order or direction in the nature of Certiorari calling for the records and quashing the press note dt. 6-12-2006 (Annexure No.4 to this writ petition), issued by Secretary, Regional Transport Authority, Dehradun respondent No. 2. ii. issue a writ, order or direction in the nature of Mandamus restraining the respondent authorities from proceeding in respect of route in question, on the basis of press note dt. 6-12-2006 (Annexure No.4 to this writ petition), published in Hindi dally newspaper "Danik Jagran". iii. pass any other and further orders, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. iv. award the cost of writ petition to the petitioner." 3. The petitioner is an existing Bus-Operator on the route 'Dehradun-Vikasnagar Dakpathar-Kalsi' and his permit is valid upto 17-03-2010. The Regional Transport Authority, Dehradun published a notice in the Daily edition of Danik Jagran dated 29-11-2006 to the effect that a meeting will be held on 11-12-2006 for consideration of the applications for grant of permit on various routes. The said meeting was proponed to 10-12-2006 and a notice was published to that effect in Danik Jagran on 06-12-2006. The petitioner apprehending adverse effect on his business interest on account of the grant of permit on Dehradun-Selakui route, submitted representation to respondent No.2 on 04-12-2006, wherein the petitioner has objected to the grant of permit on Dehradun-Selakui route. 4. As the Regional Transport Authority, Dehradun is yet to consider the applications for grant of permit, the writ petition, in our opinion, is premature. The petitioner has already submitted his objections before Regional Transport Authority, Dehradun. In the event of grant of permit by Regional Transport Authority, Dehradun, the petitioner can very well avail the statutory remedies under the provisions of the Motor Vehicles Act, 1988. 5. In this view of the matter, the writ petition is liable to be dismissed and is hereby dismissed. 6. Consequently, the interim order dated 07-12-2006 stands vacated automatically. 7. No order as to costs.