DAVINDER SINGH Vs. STATE

JUDGEMENT

(1.) By medium of this writ petition, the order dated 20-3-1992, passed by the Regional Transport Officer, Jammu, hereinafter for short "RTO", as contained in Annexure VII to the writ petition, rejecting the application of the petitioner for grant of stage carriage permit to Bus No. JKR/9639, from Jammu Railway Station to Katra, is challenged, inter alia, on the following grounds:

(2.) In the objections filed by the respondents to the admission of the petition, it is stated that as a result of an order of the High Court, the case of the petitioner for issuance of route permit was considered, but he was not found entitled to the same. It is also stated that he has filed more than one writ petition for the same relief. It is further stated that the order of the learned single Judge directing the respondents to issue a temporary route permit to the petitioner was stayed by a Division Bench, and therefore, they were not obliged to issue the same to him. It is further admitted that alternate remedy was available to the petitioner, as he could file an appeal against the order of Regional Transport Authority to the State Transport Appellate Tribunal. It is also stated that the petitioner's vehicle is more than five years old, and therefore, the route permit could not be issued to him.

(3.) In the said counter, it is admitted that the respondent No. 3 had asked the petitioner to complete all the formalities. However, on examination of his case, he was not found entitled to it. It is also admitted that the petitioner had deposited the Permit fee etc., but allegedly before respondent No. 3, who was not competent to issue the same.