VISHNUDUTT Vs. MANOJ KUMAR

JUDGEMENT

(1.) These 11 appeals arise out of 11 Writ Petitions filed by respective respondent No. 1 in each case against the common order delivered by learned single Judge by considering 11 petitions along with some other petitions on 27/07/2001.

(2.) The facts necessary for the present purposes may be chaffed. All the respondents No.1 have been granted permits by the Regional transport Authority, Bikaner on 29-2-1996 for inter-State route Hanumangarh to Dadawali via Sangaria covering State of Rajasthan and State of Haryana. At that time, when these permits were granted, the agreement entered between the two States for this route in 1968 was in force. The respective respondents were holding permits under that agreement from different dates since before commencement of the Motor Vehicles Act, 1988 under the repealed Motor Vehicles Act, 1939.

(3.) Until grant of permits vide order dated 29-2-1996 in replacement of earlier permits, all the permits were renewed from time to time under the Act of 1988 also. There was some controversy whether permits granted under 1939 Act could be renewed after its repeal, under the new Act of 1988. That controversy was ultimately settled by decision of Supreme Court in Secy. QDM Transport Workers Co-operative Society Limited v. RTA, AIR 1995 SC 82. It was held that permits issued under Motor Vehicles Act, 1939 cannot be renewed under Act of 1988 in the absence of any provision to that effect under the New Act. Albeit the stage carriage permits granted under 1939 Act, after its repeal, will continue to be operative only till expiry of their remaining period. Thereafter fresh application for grant of permit has to be made, by any one desirous of continuing with their existing permits. The applicants, which included RSRTC, had stated in their applications that new permits may be issued to them in lieu of old permits.