WPMS/2424/2021
2021 Latest Caselaw 4719 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
      ON THE 24TH DAY OF NOVEMBER, 2021
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 2424 of 2021
BETWEEN:
S.K. Srivastava                                             ...Petitioner
      (Mr. Amar Murti Shukla, Advocate)

AND:

State of Uttarakhand and others                         ...Respondents
      (Mr. T.S. Phartiyal, Additional Chief Standing Counsel for the State of
      Uttarakhand and Mr. Gopal K. Verma, Additional Chief Standing
      Counsel for the State of U.P.)
                           JUDGMENT

By means of this writ petition, petitioner has sought the following relief:-

"a) Issue a writ order or direction in the nature of Certiorari quashing the impugned reciprocal agreement dated 14.11.2018 (annexure-3) and impugned notification/ advertisement dated 27.10.2021 (annexure-6) so far as the same relates to serial no.27 of the Appendix C of the reciprocal agreement dated 14.11.2018 and serial no. 18 of the notification/advertisement dated 27.10.2021."

2. Petitioner is an existing Private Stage Carriage Operator in Dehradun-Vikasnagar and allied routes. He is challenging the reciprocal agreement dated 14.11.2018 between State of Uttar Pradesh and State of Uttarakhand

3. After arguing for a while, learned counsel for the petitioner confines his prayer and submits that petitioner may be permitted to make representation before State Transport Authority, Uttar Pradesh, Lucknow (respondent no.6), which

may be directed to take decision on petitioner's representation, within a time frame.

4. Learned Additional Chief Standing Counsel for State of Uttar Pradesh submits that if petitioner makes a representation, the same shall be decided as early as possible.

5. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to respondent no.6. If such representation is made on or before 29.11.2021, respondent no.6 shall consider the same and take appropriate decision, in accordance with law, within three weeks thereafter.

6. It goes without saying that before taking any decision, respondent no.6 shall hear all the stake-holders.

7. In the meantime, meeting of State Transport Authority, Uttar Pradesh, Lucknow for allotment of permits may be held, however, permits for Dehradun-Vikasnagar and allied routes may not be allotted till decision on petitioner's representation.

8. However, if petitioner fails to make representation within stipulated time, then respondent no.6 shall be free to proceed in the matter, in accordance with law.

9. Let a certified copy of this order be issued today itself.

(MANOJ KUMAR TIWARI, J.) Shubham