Disposed

Zila Bus Operators Union Jhansi and 2 Others v. State of U.P. and 3 Others

Allahabad HC1 Feb 2023WRIA/3861/2019

Case brief

AI extract

What is this about?

In a PIL filed under Article 226 to correct petitioner details in a pending revision, the Court disposed of the writ petition directing the Revisional Authority to decide the merit of all petitioners' cases based on submitted pleadings.

What did the court decide?

Directing Revisional Authority to decide all pending cases on merits after written submissions from both sides.

Zila Bus Operators Union Jhansi and 2… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 34

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Case :- WRIT - A No. - 3861 of 2019

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Petitioner :- Zila Bus Operators Union Jhansi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Greesh Kumar Malviya,Vijay Kumar Singh Counsel for Respondent :- C.S.C.,Vivek Saran

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Hon'ble Saurabh Shyam Shamshery,J.

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Heard Sri G.K. Singh, learned Senior Advocate assisted by Sri Greesh Kumar Malviya, learned counsel for petitioners and Sri Vivek Saran, learned counsel appearing on behalf of U.P.S.R.T.C.

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As prayed, details of Petitioner-1 be allowed to be corrected as "Zila Bus Operators Association, Jhansi" in place of "Zila Bus Operators Union, Jhansi".

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Learned counsel for petitioners submits that this is third round of litigation, however, the Revisional Authority has rejected revision petition qua to Petitioner-1 i.e. the Association on ground of maintainability, however, so far as Petitioners-2 and 3, who are also revisionists in same revision, are concerned, it is held that revision is maintainable at their instance.

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Learned Senior Advocate submits that reasoning given by Revisional Authority that revision is not maintainable at instance of Association is erroneous so much as members of Association were directly affected by outcome of revision being private bus operators and they have authorised Association to file revision petition and further that without calling other relevant documents on behalf of Association, its locus was rejected on ground that no document in support of their submission with regard to resolution, rules and by-laws were placed on record.

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Learned counsel for U.P.S.R.T.C. submits that since Revisional Authority has permitted Petitioners-2 and 3 to contest revision petition, therefore, rejection of revision at instance of Petitioner-1 on ground of locus, will not prejudice their case as matter can be heard on merit on behalf of Petitioners-2 and 3.

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Learned counsel for both sides have placed reliance on judgements passed in their favour.

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Heard learned counsel for parties and perused the material

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available on record.

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Revisional Authority while rejecting locus of PetitionerAssociation has stated that Association has failed to brought on record any document that it was authorised by different route operators as well as that by laws were also not placed on record. Rules and by-laws, resolution of private bus operators are placed alongwith this writ petition which has not been seriously disputed by learned counsel for respondents.

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In these circumstances and taking note that revision is pending before Revisional Authority for last more than 6 years, this writ petition is disposed of that case of Petitioner-1, i.e., Association will also be considered on its merit alongwith other petitioners and a consolidated written submission can be filed by petitioners within a period of three weeks from today and Respondent-U.P.S.R.T.C. is also permitted to file a written submission within three weeks thereafter. The revision petition pending before Revisional Authority shall be decided on the basis of pleadings within a period of four weeks from thereafter.

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Order Date :- 1.2.2023 P. Pandey

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Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad

Zila Bus Operators Union Jhansi and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Zila Bus Operators Union Jhansi and 2 Others v. State of U.P. and 3 Others

Case brief

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