DELUX ROADWAYSCHOUDHARY Vs. STATE TRANSPORT APPELLATE

JUDGEMENT

(1.) THESE two writ petitions raise common questions of law and fact and are, therefore, disposed of by a common order.

(2.) THE petitioners are bus operators and they were plying their vehicles on two non -temporary stage carriage permits on the Hanumangarh Sirsa via Sangaria inter -statal route (hereinafter called 'the route'). There was a limit of two permits fixed on the route and both the petitioners were providing stage carriage service on the route. Within the statutory period, before the date of expiry of their nontemporary stage carriage permits, both the petitioners applied for renewal of their permit The substance of the renewal applications of both the petitioners was published by the notification dated April 23, 1979 in the Rajasthan Gazette dated May 10, 1979 inviting objections in respect of the renewal of the permits of the petitioners within a period of 30 days from the date of the publication of such notification. By another notification dated May 24, 1979 which was published in the Rajasthan Gazette dated May 31, 1979, the Regional Transport Authority, Bikaner (hereinafter referred to as 'the R.T.A') notified that the successive meetings of the R.T.A shall take place on July 3, 1979, September, 4 1979 and November 6, 1979. According to the petitioners, no objections were filed by any person in respect of their renewal applications within the statutory period of 30 days. However, the Rajasthan State Road Transport Corporation, Jaipur (hereinafter called 'the Corporation') respondent No. 3 in these writ petitions, insists that objections were filed by it, in respect of the renewal applications of the petitioners, on June 1, 1979 in the office of the R.T.A, Bikaner.

(3.) AFTER the renewal applications of the petitioners became ripe for consideration, by a notification dated July 8, 1979 published in the Rajasthan Gazette dated August 2, 1979 it was notified that the said applications shall be taken up for consideration in the meeting of the R.T.A which was to be held on September 4, 1979. The petitioner, M/s Delux Roadways fearing that the renewal application may not be considered by the R.T.A in the aforesaid meeting, fixed for September 4, 1979 approached this court by means of a writ petition being S.B. Civil Writ Petition No. 1151/1979, which was decided on September 3, 1979. This Court issued a direction to the R.T.A, Bikaner to consider the application for the renewal of the petitioner's nontemporary stage carriage permit in its next meeting and ordered that unless there were good grounds for adjourning the said meeting the same should not be adjourned. In the meeting of the R.T.A held on 4/5th September, 1979 the R.T.A considered the matter relating to the renewal of the permits of the petitioners and granted renewal of their permits.