RAJENDRA SINGH AND BROTHERS Vs. REGIONAL TRANSPORT

JUDGEMENT

(1.) THE Regional Transport Authority, Udaipur Region, Udaipur (hereinafter referred to as 'the R.T.A.') on 24.4.1970 fixed the scope of two stage carriages with one return trip on Banswara Ratanpur via Garhi, Sagwara, Dungarpur, Kherwada and Bichiwada route (hereinafter referred to as 'the' disputed route') Before that on 9.1.1968 the Rajasthan State Road Transport Corporation, Jaipur (petitioner in writ petition No. 2260 of 1970 and hereinafter referred to as 'the Corporation') had published a scheme under Section 68 C of the Motor Vehicles Act (hereinafter referred to as 'the Act') in respect of the following four routes:(1) Udaipur - Dungarpur via Rikhabdeo, Kherwada, (2) Udaipur -Ratanpur via Rikhabdeo, Kherwada, Bichiwara, (3) Udaipur Rikhabdeo, (4) Dungarpur -Ratanpur via Kumba, Thana, Bichipura. A few persons had already applied for the grant of non temporary permits on 'the disputed route'. These applications after getting them published as required under the law, came to be considered by 'the R.T.A.' on 28 7.1970. By its resolution of that date 'the R.T.A.' granted two temporary permits for three years under Section 68 -F (1 -C) and (1 -D) one each to Messrs. Rajendra Singh and Brothers (petitioners in writ petitions No. 114 of 1971, 297 of 1971 and 298 of 1971) and Mohan Dass (Petitioner in writ petition No. 110 of 1971). It might be noted here that even though the applicants had applied for non -temporary permit, the permits granted were temporary in nature and that also with condition that the permits will be ineffective within three years to the extent 'the disputed route' or part of 'the disputed route' became a notified route. There was another condition also attached to the permits, but we are not concerned here with it.

(2.) AGGRIEVED by that resolution of 'the R.T.A.' three appeals were preferred before the Transport Appellate Tribunal, Rajasthan, Jaipur (hereinafter referred to as 'the T.A.T.' one was preferred by Messrs Rajasthan Transport Corporation, Udaipur (petitioner in writ petition no. 32 of 1971) under Section 64(f) of 'the Act'; the second appeal was preferred by Satya Narayan (petitioner in writ petition No. 850 of 1971) and the third was filed by one Jagat Singh. The latter two appeals were preferred under Section 64(a) of 'the Act'.

(3.) AGGRIEVED by the impugned order of 'the T.A.T.' dated 26.12.1970 six writ petitions have been preferred. Three have been preferred by Messrs. Rajendra Singh and Brothers and the 4th by Mohan Dass. Two of the three appellants namely, Messrs Rajasthan Transport Corporation and Satya Narain have also preferred separate write petitions.