AJEET SINGH AND 4 OTHERS v. STATE OF U.P. AND 7 OTHERS
WRIA/11808/2025 · 2025-08-18
Arun Kumar Singh Deshwal, Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86765 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86765 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:140937-DB Court No. - 40 Case :- WRIT - A No. - 11808 of 2025 Petitioner :- Ajeet Singh And 4 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Greesh Kumar Malviya,Yash Malviya Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard learned counsel for the petitioners and Sri Indra Bhan Singh, learned Standing Counsel for the State-respondents.
2. The petitioners by means of the present writ petition have prayed for writ of mandamus commanding the respondent- transport authority to firstly decide the pending representation/objection of the petitioners and to give notice and information to the petitioners before taking any decision in the meeting of District Transport Committee or in the meeting of Regional Transport Authority, Jhansi and further prayed for a mandamus commanding the respondent-transport authority not to call respondent nos.7 & 8 to participate in the meeting of District Transport Committee to be held in future.
3. According to the petitioners, appointment of respondent nos. 7 & 8 as a members of the District Transport Committee is unsustainable in the eyes of law inasmuch as the said respondents are the members of District Transport Committee nominated by Private Bus Operators Union, and are holder of Permanent Stage Carriage. In view of Section 68(2) of the Motor Vehicles Act, 1988, they fall within the prohibited category of persons who cannot be appointed as member of the State Transport Authority.
4. Learned counsel for the petitioners submits that under Section 68(2) of the Motor Vehicles Act, any person who has any financial interest whether as proprietor, employee or otherwise in any transport undertaking, cannot be appointed as member of the State/Regional Transport Authority nor can he continue as such.
5. In our opinion, the grievance raised by the petitioners needs immediate attention of respondent no.1- Principal Secretary, Transport Department, Civil Secretariat U.P. at Lucknow with
specific reference to Section 68(2) of the Motor Vehicles Act,
1988.
6. Accordingly, the present writ petition is disposed off with liberty to each petitioners to make a fresh representation ventilating all their grievances before respondent no.1-Principal Secretary, Transport Department, Civil Secretariat U.P. at Lucknow within a period of two weeks from today, along with a certified copy of this
order. On such a representation being made by the petitioners, the respondent no.1 shall call for the records and shall pass a reasoned and speaking order strictly in accordance with law preferably within a period of two weeks after giving due notice and opportunity of hearing to respondent nos.7 & 8.
Order Date :- 19.8.2025 Sattyarth (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad