ASHISH ALIAS ASHISH KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF TRANSPORT GOVT. OF U.P. LKO. AND 3 OTHERS
WRIC/11211/2025 · 2025-12-05
Amitabh Kumar Rai, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186876 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186876 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11211 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent no.1 and Shri Akhilesh Kumar Srivastava, who appears on behalf of the Opposite party nos.2 to 4. 2. This petition has been filed by the petitioner for the following prayers:-
"I. Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party No. 2 to change the bus route of the petitioner's bus No. UP44-BT-5468 from Bijethua Dham Sultanpur to Jaunpur to Bijethua Dham to to Sultanpur via Shahganj or Bijethua Dham to Sultanpur via Lucknow in terms of Clause 3.6 of The Gramya Bus Anubandhan Yojna, 2022 dated 22.10.2022, annexure no. 07. II. Issue any writ order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. III. Allow the writ petition with cost in favour of the petitioner." (3) The learned counsel for the petitioner has pointed out the Scheme floated by the Respondents in 2022 under which his Bus was taken on Contract on route from Bijethua Dham to Sultanpur to Jaunpur. He Versus Counsel for Petitioner(s) : Bhanu Pratap Singh Counsel for Respondent(s) : C.S.C., Akhilesh Kumar Srivastava Ashish Alias Ashish Kumar .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Transport Govt. Of U.P. Lko. And 3 Others .....Respondent(s)
has found it uneconomical to run the Bus on the said route. He therefore, prays that his application for change of the route be considered under Clause 3.6 of the Scheme of 2022 which he has filed as Annexure-1 to the petition. (4) Shri Akhilesh Kumar Srivastava, who appears for the U.P.S.R.T.C. has placed before this Court instructions dated 17.11.2025 sent by the Regional Branch of U.P.S.R.T.C. Ayodhya, wherein a copy of the Contract signed between the parties has also been enclosed. Attention of this Court has been drawn to Clause 1.8 of the said Contract where there is a specific provision saying that there shall be no change of route. Clause 1.8 is being quoted hereinbelow:-
"ISS YOJANA MEIN ANUBANDH KI GYI BUS KA MARG PARIVARTIT NAHI KIYA JAYEGA." (5) This Court cannot, by means of a Mandamus, change the conditions of the Contract.
(6) The instructions are kept on record. (7) This writ petition stands disposed of December 5, 2025 N.PAL WRIC No. 11211 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench