IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 10136 of 2000 to SPECIAL CIVIL APPLICATIONNo 10267 of 2000 For Approval and Signature: Hon'ble MR.JUSTICE M.S.SHAH ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- DHARMESHBHAI PRAKASHBHAI RELIYAWALA Versus REGIONAL TRANSPORT AUTHORITY -------------------------------------------------------------- Appearance: MR BC DAVE for Petitioner Mr.K.T.Dave, AGP for respondents -------------------------------------------------------------- CORAM : MR.JUSTICE M.S.SHAH Date of decision: 04/10/2000 ORAL(COMMON)JUDGEMENT Rule. Mr.K.T.Dave, learned AGP waives service of Rule. 2. Mr.K.T.Dave states that RTO as well as Police Authorities shall implement the Government Resolution dated 28.1.1997 and the RTO Surat has already issued notices to some of the permit holders. The RTO Surat will decide the question about the change of condition relating to the area of operation that is whether the entry of these vehicles in Surat City also may be prohibited. The said question will be decided after hearing the petitioners within six months from the receipt of the writ of this Court. 3. Mr.B.C.Dave states that all the petitioners will cooperate with the RTO authority for expeditiously deciding the matters in which notices are or will be issued. 4. In view of the above statement, the RTO authority shall issue fresh notices to the members of the petitioner Association. The police authority and the RTO authorities shall not seize the vehicles of the members of the petitioner Association named in Annexure "A" or R.C.Books relating to those vehicles till the RTO authority takes decision with regard to the condition of permit as stated above, provided the members have a valid permit showing Surat city in the area of operation. The members from whose permits the word "Surat City" is cancelled without hearing them shall also be entitled to avail of the benefits of this order. The order, if any, which may be passed adverse to the petitioners shall not be implemented for a period of three weeks from the date of despatch of the decision. 5. The petitions are disposed of in terms of the aforesaid directions. Rule in each petition is made absolute to the aforesaid extent. 4.10.2000 (M.S.SHAH,J)