LAWS(RAJ)-1992-1-61

OM PRAKASH Vs. REGIONAL TRANSPORT AUTHORITY

Decided On January 13, 1992
OM PRAKASH Appellant
V/S
REGIONAL TRANSPORT AUTHORITY Respondents

JUDGEMENT

(1.) THE petitioner, by this writ petition, has prayed that the Regional Transport Authority, Bikaner, may be restrained from considering, granting or issuing any permit on Suratgarh to Chhattargarh existing route via 236 R.D. or its portion thereof.

(2.) THE petitioner is an existing operator on Suratgarh to Chhattargarh via 236 R.D. existing route in Bikaner Region and is a holder of non -temporary stage carriage permit covered by bus No. RNC 9536. The case of the petitioner is that in view of the provisions of Section 80(2) of the Motor Vehicles Act, 1988, the respondent will grant permit on the existing routes to numberless persons, which will result in uneconomic competition. The other ground, on which the grant of permit has been challenged, is that the route in question over -laps the notified route about 15 kms. in length. Heard learned Counsel for the parties.

(3.) I have considered the rival submissions made by the learned Counsel for the parties.