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Shanker Lal And Another v. State Of U.P. And Others - WRIT - A No. 13248 of 2006  RD-AH 5145 (3 March 2006)
Civil Misc. W.P. No. 13248 of 2006
Hon'ble Sushil Harkauli, J.
Hon'ble Vikram Nath, J.
Connect with Writ Petition No. 67179 of 2005.
It has been stated in para 20 of this writ petition that the resolution of the STA dated 9.3.1994 is still continuing and has not been rescinded or modified by the STA. Accordingly, it is contended that the order of the STA under section 68(4) of the Motor Vehicles Act, 1988, being binding on the Regional Transport Authority, the decision of the Regional Transport Authority in its meeting dated 22nd June 2005 requiring replacement of 9 year old vehicles irrespective of their condition is not only violative of law but also violative of various decisions of this Court including the decision dated 23rd April 2003 passed in Writ Petition No. 55483 of 2000.
In the circumstances, the standing counsel may file a counter affidavit within a month. List thereafter.
In the meantime, the petitioners will not be compelled to replace their vehicles covered by their existing permits merely on the ground that the vehicles are more than 9 years old, provided the vehicles are less than 20 years old and also provided that they are pollution free. It is made clear that endorsement will not be refused accordingly on the aforesaid grounds.
Dated : March 3, 2006
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