OM PRAKASH Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE instant writ petition has been filed for setting aside the judgment and order of the State Transport Appellate Tribunal (S. T. A. T.) dated 24. 7. 2000 (Annx. 6) by which the learned Tribunal has quashed the Resolution of the Regional Transport Authority (R. T. A.) dated 2. 4. 1998 (Annex. 5) by which the R. T. A. had rejected the applications for grant of permit on the route on the ground that there was no vacancy as per the inter-state reciprocal agreement.

(2.) THE facts and circumstances giving rise to this case are that petitioner No. 1 and the predecessor in interest of petitioner No. 2 had been granted permit on the route Sidhmukh- Hisar via Gorchi inter state route lying between the State of Rajasthan and Haryana, in view of the provisions of reciprocal inter-state agreement dated 8. 2. 1968 which provided that the Rajasthan State shall grant two permits and each permit holder shall have a single trip daily on the aforesaid route. THE said permits had been counter- signed by the competent authority in the State of Haryana. THE said permits stood renewed from time to time and are valid upto 6. 4. 2003. THE States entered into a new agreement which was finalised on 9. 7. 1997 and was published in the Gazettee on 15. 7. 1997 (Annx. 4) which provided only two permits on the aforesaid route with two single tripes for the State of Rajasthan. THE relevant clauses of the said agreement have been that the said agreement shall supersede all earlier agreements and conditions set-out therein. However, so far as the Stage Carriage Permits are concerned it provided inter alia as under:- (iv) All the previous Stage Carriage Permits which are countersigned by either State before coming in force of this agreement, shall remain in force.

(3.) THUS, in view of the above the authority has no competence to grant a permit over and above the ceiling fixed by reciprocal agreement as it would violate the mandate of law laid down in Ashawani Kumar (supra) and Zamindara Motor Transport Co-operative Societies (supra ).