CHAND MAL Vs. STATE TRANSPORT APPELLATE TRIBUNAL

JUDGEMENT

(1.) This writ petition and the writ petitions mentioned in the Schedule A appended to this order are disposed of by this common order as they involve similar question of law.

(2.) For the convenient disposal of all these writ petitions, the facts given in Chand Mal v. State Transport Appellate Tribunal, Rajasthan and another (S. B. Civil Writ Petition No.4633 of 1990) are taken into consideration.

(3.) The petitioner is an existing operator of Nimbaher Bhadsora route on which he holds a non-temporary stage carriage permit valid up to 27-5-1995 under which he is plying his vehicle and is providing services on the said route on the strength of the above permit. The petitioner before the grant of the above permit under the orders of the Regional Transport Authority, Udaipur Region, Udaipur dated 24-5-1990 submitted an application for grant of a non-temporary stage carriage permit on his vehicle RSY 6417 of 1973 model. The Regional Transport Authority, Udaipur vide his order dated 6-10-1989 granted one non-temporary stage carriage permit to the petitioner. However, while granting the permit, the R.T.A. attached a peremptory condition directing the petitioner to replace his vehicle RSY 6417 of 1973 model by a vehicle of the prescribed model on or before 31-3-1990 failing which the grant of the permit to the petitioner shall automatically come to an end and cancelled. Thereafter, the model condition was further extended up to 31-8-1990.