MAHESH TRANSPORT CO Vs. R T A JODHPUR

JUDGEMENT

(1.) The petitioner in this writ petition has sought a prayer restraining the Regional Transport Authority, Jodhpur, from considering the belated applications received in pursuance of the notification published in the Rajasthan Rajpatra dt. 13-3-1980 along with the petitioner's application and other applications which had been received in pursuance of the Gazette Notification dt. 20-12-1979.

(2.) The facts of the present case lie in a very narrow compass. The Regional Transport Authority, Jodhpur, after fixing the scope of four stage carriages to perform two return services over the route Gachipura to Ajmer had invited applications for grant of four non-temporary stage carriage permits. The applications were invited through a Gazette Notification dt. 20-12-1979 (Annexure P/1), in which it was notified that the interested persons must file the application within a period of 30 days from the date of the publication. In pursuance of the Notification Annexure P/l the petitioner and three others submitted their applications on 27-12-1979. However, the Regional Transport Authority issued another notification published in the Rajasthan Rajpatra dt. 133-1980. (Annexure P/3), wherein the time for presentation of application was further extended up to 30 days from the date of the publication of the second notification i.e. Annexure P/3. In pursuance of the notification dt. 7-2-1980 published on 13-3-1980 (Annexure P/3) further nine applications were submitted, as would be evident from the Notification dt. 1-5-1980 (Annexure P/4), published in Rajasthan Gazette dt. 9-6-1980. The only grievance of the petitioner is that only those applications which have been received by the Regional Transport Authority in pursuance of the first notification could be considered and the applications which have been received in pursuance of the second notification could not be considered simultaneously along with the applications received in pursuance of the first notification. The applications according to the petitioner submitted after the expiry of the 30 days from the date of publication of the first notification are liable to be rejected and cannot be considered by the Regional Transport Authority along with the petitioner's application and the applications of three others,

(3.) Return to the writ petition has been filed by the Regional Transport Authority in which it has been stated that the first notification published in the Gazette dt. 20-12-1979 was out on 15-1-1980 and thereafter it was despatched to subscribers. The late despatch ,was on account of disruption caused by stride. The said Gazette was received in the office of Regional, Transport Officer, Jodhpur after 20-1-1980 and even in the High Court Library, it was received on 23-1-1980. This return is accompanied with an affidavit of Shri Daulat Raj Bhandari, District Transport Officer (Writs) with a copy of the letter of the Director, Printing and Stationary Department, Jaipur. The non-petitioner Bachraj Singh has also filed a reply on the main points.