SHRI ANIL BHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners being aggrieved with the action of the respondent - transport authorities of not issuing fresh stage carriage permits to operate city buses on City Bus Route No.15 + 15 A in the city of Jodhpur.

(2.) The petitioner has filed an application on 5/4/2018 before the respondent No.2 - the Secretary, Regional Transport Authority, Jodhpur Region, Jodhpur for grant of one stage carriage permit to operate city bus on City Bus Route No.15 + 15 A, which came to be disposed of by the respondent No.2 vide order dtd. 31/5/2019 while observing that since sufficient number of public transport is available on the aforesaid route; there is no demand from the public at large to raise stage carriage permits; taking into consideration the prevalent traffic load and as there is no vacancy available, the application for issuance of additional/fresh stage carriage permit filed by the petitioner is liable to be rejected. The respondent No.2 has also observed that as per the order dtd. 27/2/2007 passed by the Division Bench of this Court in DBCWP No.6073/1993 - Mahendra Lodha v. State of Rajasthan, the number of permits to the city buses cannot be issued more than 250 as per the observations made by the National Green Tribunal, Central Zone Bench, Bhopal in Application No.49/2014 about increasing pollution in the city of Jodhpur, it is not advisable to issue fresh stage carriage permits on the concerned city bus routes.

(3.) Being aggrieved with the rejection of the application filed by the petitioner vide order dtd. 31/5/2019, the petitioner has preferred an appeal before the State Transport Appellate Tribunal, Jaipur, however, the said appeal came to be dismissed vide order dtd. 28/2/2020 (Annex.7).