RAJNI BALA DAS Vs. REGIONAL TRANSPORT AUTHORITY CUTTACK

JUDGEMENT

(1.) In a lottery system when there is an element of chance or luck, is the Regional Transport Authority, Cuttack justified in proposing to dispose of the applications received from the intending operators for grant of stage carriage permits through lottery process? This is the moot question that arises for consideration in this writ petition filed by one of the intending operators to operate her vehicle (Bus) on Cuttack-Paradeep route when the seeks to assail the notice No. 3910 dated 13-8-2002 at Annexure 1.

(2.) Briefly stated the case of the petitioner is that she applied for grant of permit on 15-12-1995 for operation of her bus bearing registration number OR-04-6075 as Express Service on Cuttack-Paradeep route. The Regional Transport Authority (in brief 'RTA') duly received it but instead of disposing of the case in merit in accordance with law, has kept It pending without passing any order thereon. She approached the concerned authority on many occasions but her request to consider her application was not fruitful. When the matter stood thus, she was surprised to find the impugned notice bearing number 3010 dated 13-8-2002 issued by the RTA, Cuttack indicating that the applications mentioned therein including that of the petitioner would be considered through "lottery process" on 16-92002 along with other applications to be received in response to another notice No. 3907 dated 13-8-2002 (Annexure 2). According to the petitioner, such decision to dispose of the applications on the basis of lottery is unauthorised and totally out-side the purview of the provisions of the Motor Vehicles Act, 1958 (hereinafter referred to as 'the Act'}.

(3.) The opposite parties have not filed any counter justifying its decision in response to the rule issued in the matter, learned Standing Counsel, however, submitted that consideration of applications by "lottery process" would exclude favouritism or nepotism.