LAWS(RAJ)-2001-7-109

RAVI BUS SERVICE Vs. STATE OF RAJASTHAN

Decided On July 27, 2001
RAVI BUS SERVICE Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) ALL these petitions have been filed against the judgment and order dated 29.5.2000 passed by the State Transport Appellate Tribunal (for short, "the Tribunal") disposing of a bunch of appeals and revisions, by which the Tribunal remanded the cases to the Regional Transport Authority, Bikaner (for short, "the R.T.A.") for considering the cases afresh.

(2.) THE case has a chequerred history as there have been several rounds of litigation in respect of grant of same permits. THEre are groups of operators having conflicting interests. One group of permit holders claims that they have been operating on the inter-State route Hanumangarh to Dubwali via Sangaria falling within the territories of the States of Haryana and Rajasthan, since 16.3.1963. THEir permits stood renewed from time to time by the R.T.A. and counter signed by the Competent Authority in the State of Haryana. THEir permits were renewed even after commencement of the new Motor Vehicles Act, 1988 (for short, "the New Act") and counter-signed by the Haryana Authority. THEre remained uncertainty on the legal issue: whether permits granted under the provisions of the Motor Vehicles Act, 1939 (for short, "the Old Act") can be renewed under the provisions of the New Act as the Hon'ble Supreme Court had given contradictory judgments, while interpreting the provisions of Section 217 of the New Act, in M/s. Gurcharan Singh Baldev Singh vs. Yashwant Singh (1) and Secy. Quillon Distt. Motor Transport Workers Coop. Society Ltd. vs. Regional Transport Authority (2). Later on, the controversy was resolved by a Larger Bench in Gajraj Singh & ors. vs. State Transport Appellate Tribunal & Ors. (3), holding that the permits granted under the Old Act could not be renewed under the New Act.

(3.) UNDISPUTEDLY, the said orders were passed after hearing Mr.R.P. Dave, learned Standing Counsel for the R.T.A. In Ganesh Mal Surana vs. STATE OF RAJASTHAN (10), a Division Bench of this Court held as under:- "When the order has been passed by the High Court in the presence of the counsel for the respondents then it means that the order has been passed in presence of the parties themselves and the parties had the knowledge of the stay order."