Sir, The aforesaid Writ Petition which was filed against the order of District Magis trate, Mathura dated 22.5 1986 declaring the old bus stand of T.A. Baldev Mathura as authorised Bus stand Halting place, has been dismissed by High Court, Allahabad on 8.9.86 and the stay order companycerned has also been cancelled.
The case of the appellant was that the District Magis trate had numberpower to appoint any area as a bus stand under section 76 of the Motor Vehicles Act, 1939 hereinafter referred to as the Act under which he purported to pass the impugned order.
The letter reads thus President Mathura Sadabad Manikpur Eta Motor Operators Union Mathura.
This appeal by special leave is filed against the said decision of the High Court.
the appellant had obtained an order of stay preventing the Town Area Committee from companylecting the fees.
It should be stated at this stage that after the impugned order was passed the Town Area Committee gave a companytract to a private companytractor to companylect that fees payable by the bus operators for making use of the area in question which was within its jurisdiction for stopping their buses in accord ance with the order passed by the District Magistrate.
According to the appellant the power to fix any area as a bus stand was vested in the Regional Transport Authority having jurisdiction over the area and number in the District Magistrate.
Now the order of District Magis trate dated 22.5.86 has become effective again.
From the Judgment and Order dated 8.9.1986 of the Alla habad High Court in C.W.P. No.
687 of 1987.
Immediately after the Writ Petition was dismissed, the Executive Officer of the Town Area Committee, Baldev Mathu ra wrote a letter on 10.10.1986 to the President of the Mathura Sadabad Manikpur Eta Motor Operators Union, Mathura requiring all the bus operators to stop their buses at the bus stand fixed by the District Magistrate.
Letter No.
After the Writ Petition was filed in the High Court.
501 of 1986 filed before the High Court of Allahabad under Article 226 of the Constitution of India.
CIVIL APFELLATE JURISDICTION Civil Appeal No.
Yogeshwar Prasad, Vishal Jeet, S.R. Srivastava and Ms. Rachna Gupta for the Appellant.
501/86 Shri Hari Om Gautam Versus District Magis trate, Mathura.
That petition was dis missed by the High Court on September 8, 1986.
As a result of which all the buses of the union are bound to stop and start from the authorised Bus stand Halting place of Baldev allowing the passengers to get in and get down from the bus and for booking at this very stand and to pay standcommission to T.A. Faithfully, Sd 8/10 illegible Executive Officer Seal Town Area Com mittee, Baldev, Mathura.
Markandeya for the Respondents.
701 and 702 in the Town Area, Baldev Mathura as a bus stand halting place of Baldev, where the stage carriages were directed to stand for the purpose of allowing the passengers of Baldev to get into and to get down from the stage carriages in a writ petition, Civil Miscellaneous Writ Petition No.
The Judgment of the Court was delivered by VENKATARAMIAH, J. The appellant is a person providing transport service in the District of Mathura.
501 of 1986.
He questioned the validity of the Order dated May 22, 1986 passed by the District Magistrate, Mathura declaring Plot Nos.
