AMAN TRAVELS Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THESE two writ petitions raise a common question as to whether the Member R. T. A. Jodhpur could refer the applications to the State Transport Authority for the grant of permits under section 44 (3) (b) of the Motor Vehicles Act (for short 'the Act' ).

(2.) IN S. B. Civil Writ Petition No. 1001 of 1981, the question relates to the grant of National Permits and in S. B. Civil Writ Petition No. 1002 of 1981, the question relates to the grant of West-zone permits. IN the writ petition, filed by Aman Travel, the relevant facts are that the Government of INdia by its notification dated October 4, 1980 in exercise of its power conferred by sub-section (11) of section 63 of the Act increased number of the Motor Vehicles for which National permits may be granted, from 400 to 800 for the State of Rajasthan modifying its earlier notification dated April 3, 1979 For the grant of Additional National permits, the office of the Additional Secretary, R. T. A. , Jaipur, Jodhpur, Udaipur, Bikaner and Kota issued a notification dated November 12, 1980 published in the Rajasthan Gazette dated November 20, 1980 whereby the applications were invited for the grant of 400 Additional National permits within 30 days from the date of publication of the said notification. IN all 3041 applications were received in the office of the Additional Secretary and the region-wise break-up of the applications is as under :- 1. Jaipur 1824 2. Jodhpur 325 3.Udaipur 327 4. Bikaner 315 5. Kota 200 "the substance of the applications were published in the Rajasthan Raj Patra dated February 7, 1981 and February 13, 1981 and objections were also invited within a period of 30 days under section 57 (3) of the Act. The said notification also incorporated a notice that the meeting of R. T. A shall be held on 16/17/18fh March, 1981 at 10. 30 a. m. at Jaipur.

(3.) THE Member, R. T. A. , by his order dated May 10, 1981 referred the matter to the State Transport Authority under sec. 44 (3) (b) to exercise and discharge the powers and functions in respect of the Additional West-zone permits.