SHIV BUS SERVICE Vs. R T A JODHPUR

JUDGEMENT

(1.) THIS is a petition under Articles 226 & 227 of the Constitution, by which, the petitioner seeks to quash the Resolution (Annexure-P-9) of the Regional Transport Authority. Jodhpur dated November 2, 1979 granting one temporary permit each in favour of Ravindra Singh (respondent No. 2) and Dalpatsingh (respondent No. 3) on Bagra-Sumerpur route. The petitioner has filed copies of the temporary permits marked as Annexures P-10 and P-11 dated November 13, 1979, which were granted to respondents No. 2 and 3 respectively.

(2.) THE petitioner is an existing operator of Sumerpur to Jawal via. Joyla, Rosaliya, Athwada, Bhev, Vagin, Sugaliya, Andore, Gole route which was subsequently extended upto Mandwaria and holds one non-temporary stage carriage permit (Annexure-P-1), valid upto February 27, 1980. He was also granted one non-temporary stage carriage permit for the routes Sumerpur to Jawal via. Palri, Johila, Posalia, Athwada, Bhev, Andore, Suparna, Gole and Mandawan'a to Bhinmal viz. Bawli. Nowara, Jhak, Mandoli and Ramseen. THE petitioner has stated that the portion of the route Ramseen to Bhinmal is not available to him. Between Jawal and Mandwaria, the portion of the route was also nationalised but the distance is hardly 8 kilometers. THE R. T. A. , therefore, permitted the petitioner to ply between Jawal and Mandwaria by its Resolution passed in the month of May 1978, for which, a separate slip was issued to him. Now the existing route of the petitioner is Sumerpur to Ramseen by the aforesaid vias. THE copy of the permit has been filed by the petitioner marked as Annexure P-2. THE meeting of the R. T. A. was held on April 20, 1978 and it considered the item relating to the opening of the route Bagra to Sumerpur. It fixed the scope of two stage carriage permits and three return services by its Resolution dated May 1, 1978. Feeling aggrieved by the order of the R. T. A. , Jodhpur dated May 1, 1978, the petitioner preferred a revision petition before the State Transport Appellate Tribunal (hereinafter referred to as the 'stat'), which was rejected on November 20, 1978. THE order passed in revision became final as it was not challenged at any subsequent stage. After the rejection of the revision, some applicants suo moto applied for the grant of non-temporary stage carriage permits in their favour on Bagra-Sumerpur route. THE petitioner has filed certified copies of the applications Annexures P-4, P-5 and P-6. On or about November 9, 1979, one of the partners of the petitioner firm came to know that two temporary permits over Bagra to Sumerpur route had been granted to respondents No. 2 and 3 as they had submitted their applications on October 27, 1979. THE case of the petitioner is that after the receipt of the aforesaid two applications (Annexures P-7 and P-8) of Ravindra Singh and Dalpat Singh, the Secretary, RTA prepared a circulation note dated October 31, 1979 and thereafter, the RTA granted one temporary permit each in favour of respondents No. 2 and 3 respectively. THE petitioner has stated that Sumerpur-Ramseen route is nearly 70 kilometers and out of which, 33 kilometers of the petitioner's route is overlapped by Bagra-Sumerpur route. In the same way, Sumerpur to Jawal route extended up to Mandwaria which is nearly 51 kilometers in length is also overlapped by Bagra-Sumerpur route upto a distance of 33 kilometers. THE petitioner has questioned the jurisdiction and legality of the Resolution of the RTA dated November 2, 1979 in pursuance of which one temporary permit each in favour of respondents No. 2 and 3 on Bagra-Sumerpur route was granted.

(3.) FOR better appreciation of the preliminary objections, it will be useful to consider the contention of the learned counsel for the petitioner. He argued that during the pendency of the applications for grant of non-temporary permits, no temporary permit could be granted under S 62 (l) (c) and, therefore, the impugned Resolution of the RTA is without jurisdiction. Learned counsel referred to the decisions of J. T. Co-op. Society vs. RTA (7), Abdul Gafoor vs. State of Rajasthan (8), Jai Kishan vs. RTA, Jodhpur (9), Mohammed Yunus vs. RTA (10), Mahal Singh vs. RTA (11) and Harnam Singh Bhatiya vs. STAT, Jaipur (12 ).