JAGTAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution has been filed for writ of prohibition, directing the respondents not to interfere in its plying of the motor vehicle on the nationalised route as well as on non-nationalised, for which the petitioner-firm had a permit, and as such, the respondents were liable to be restrained from in any way interfering with the said right.

(2.) The petitioner claims that unjustifiably and illegally the policemen and transport authorities were interfering with plying of the vehicles, by checking in the night and arbitra-rily asking the passengers to vacate the buses, as a result whereof, the petitioner-firm suf-fered its business.

(3.) The petitioner alleged that it held one nun-temporary stage carriage permit, being permit No. 78/782 validly renewed up to 31-1-93 covered by vehicle No. RNJ 7697, Model 1985. Formerly, when the petitioner applied for a permit being granted to it, to ply the aforesaid vehicle, the Regional Transport Authority, Jodhpur, imposed a condition in the permit, not to ply on the nationalised routes, which condition had been subsequent-ly deleted as per the order of the State Transport Appellate Tribunal, Rajasthan, Jaipur, dated 18-4-1981. According to the petitioner, it was entitled to utilise the contract carriage, for the whole of Rajasthan, without any corridor condition. It is alleged that it deposited the special road tax and also obtained Fitness Certificate from the Trans-port Department.