IN THE HIGH COURT OF UTTRAKHAND AT NAINITAL Writ Petition No.1166 of 2008 M/S With (Interim Relief Application No.4416/2008) (Urgency Application No.2248/2008) Swaran Singh Giroti, S/o Late Sri Kartar Singh, R/o Nawabi Road, Haldwani, District Nainital. ..…..Petitioner Versus State of Uttarakhand & others ………Respondents Sri Rakesh Thapliyal, learned counsel for the petitioner. Sri K.P. Upadhyay, learned Addl. Chief Standing Counsel for the State/respondents. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. By means of this writ petition, the petitioner has sought writ in the nature of mandamus commanding the respondent-State Transport Authority to grant permit to the petitioner for the route from Khatima to Poliganj. Learned counsel for the petitioner drew attention of this Court to Proviso to Section 104 of the Motor Vehicles Act, 1988 and argued that since State Transport undertaking has not made available any transport in the notified route between Khaima to Poliganj, the petitioner’s application requires consideration and the respondents are avoiding taking decision thereon. Having heard learned counsel for the parties and after going through the papers on record, this writ petition is disposed of summarily directing the respondent no.-3 to take a decision on the application of the petitioner within a reasonable time, preferably within a period of three months, in accordance with the law. (Interim Relief Application No.4416/2008 stands disposed of). (Urgency Application No.2248/2008 also stands disposed of). (Prafulla C. Pant, J.) 18.09.2008 Arti