USMAN GANI Vs. S T A T

JUDGEMENT

(1.) BOTH these appeals under Section 18 of the Rajasthan High Court Ordinance, 1949 have been filed against the order dated April, 8, 1980 of a learned single Judge of this Court and as they involve common questions and have been heard together, we consider it convenient and proper to dispose them as by a common order.

(2.) D .B. Civil Special Appeal No. 68 of 1980 has been filed by Usmangani, who was the petitioner in S.B. Civil Writ Petition No. 963 of 1979, in which he questioned the legality and the propriety of the order dated June 26, 1979 of the State Transport Appellate Tribunal (for short 'the Tribunal' hereafter). In that writ petition, M/s. Roshanlal Inderlal were impleaded as respondent No. 4 and in this appeal they are respondents No. 3. The learned Single Judge, by his order dated April 8, 1980, allowed the writ petition and set aside the order of the Tribunal and also the resolution of the Regional Transport Authority (hereinafter referred to as 'the R.T.A.') dated April 24/25,1978 and remanded the case to the Tribunal for deciding the matter afresh relating to the grant of non -temporary stage carriage permit on Bambora -Fatehgarh route after examining the merits of the appellant and respondent No. 3 and further allowed the appellant and respondent No. 3 to ply their vehicles on the route in question until the matter is reconsidered by the Tribunal.

(3.) IN Udaipur region, there is a route Bambera -Fatehnagar, which is 'C' class. The limit of stage carriage originally fixed on the aforesaid route was two stage carriages to perform two return services. The R.T.A. increased the scope by its resolution dated September 28, 1977 to three stage carriages to perform two return services. On account of the increase in scope, there occurred one vacancy. A Notification dated November 10, 1977 was published in the Rajasthan Gazette inviting applications for the grant of one permit on the aforesaid route. 14 applications were received. Usmangani, M/s. Roshanlal Inderlal and Bhanwarlal, who was respondent No. 3 in S.B. Civil Writ Petition No. 963 of 1979, were amongst the others, applicanls. The applications case published in the Rajasthan Gazette dated January 5, 1978. No objections were received. The applications came up for consideration before the R.T.A. at its meeting which was held on April 24/25, 1978. The RTA by its resolution dated April 24/25, 1978 resolved to grant one permit to Usmangani. Feeling aggrieved by the said resolution, five appeals were lodged before the Tribunal. One of the appeals was filed by Bhanwarlal and another by M/s. Roshanlal Inderlal. The Tribunal, by its order dated June 26, 1979, decided the appeals. Both the aforesaid appeals were accepted. The Tribunal cancelled the permit granted to Usmangani and directed that the non -temporary stage carriage permit be granted to Bhanwarlal, who was required to avail of the permit within a period of 30 days and in the event of his failure to obtain the permit within the time, the permit may be granted to M/s. Roshanlal Inderlal, who were also required to avail it within sixty days from the date of the order of the Tribunal. Being dis -satisiied with the order dated June 26, 1979, Usmangani filed the writ petition as aforesaid. It may be stated that during the pendency of the writ petition, Bhanwarlal expressed his inability to avail of the permit and so, the permit dated July 12, 1979 was issued by the R.T.A. in favour of M/s. Roshanlal Inderlal. The writ petition was contested on behalf of M/s. Roshanlal Inderlal by filing a reply dated August 8, 1979 on various grounds. The learned single Judge allowed the writ petition by his order dated April 8, 1980 and set aside the order dated. June 26, 1979 passed by the Tribunal and also the resolution dated April 24/25, 1978 the R.T.A. in regard to permit granted to Usmangani and the matter was remanded to the Tribunal for reconsideration. He directed that the Tribunal should consider the comparative merits of Usmangani and M/s. Roshanlal Inderlal in regard to the grant of permit on Bambera -Fatehnagar route. As the permit had already been issued to M/s. Roshanlal Inderlal and on July 12, 1979, he ordered that both Usmangani and Roshanlal Inderlal will be permitted to ply their vehicles on the said route. Feeling aggrieved, Usmangani and M/s. Roshanlal Inderlal have filed D.B. Civil Special Appeal No. 68 of 1980 and 80 of 1980 respectively.