DAULA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment passed by the learned Single Judge dtd. 17/7/2023, vide which, the writ petition preferred by the appellant-petitioner challenging the grant of extension to the private respondents from Soorajbera to Saidham (Bhooriberi) vide order dtd. 26/5/2022 passed by the Member, Regional Transport Authority has been dismissed.

(2.) It is the contention of learned counsel for the appellant with reference to the order dtd. 26/5/2022 (Annex.5) that the competent authority while passing the said order has not fulfilled the mandate of Sec. 80(3) of the Motor Vehicles Act and proviso thereto, where it is clearly mentioned that any such variation or extension within such limits shall be made only after the transport authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or extended or any part thereof. Learned counsel states that a perusal of the impugned order clearly shows that it does not fulfill the mandate of this statutory provision and, therefore, the said order cannot sustain. He on this basis asserts that the impugned order dtd. 26/5/2022 (Annex.5) deserves to be set aside.

(3.) Learned counsel for the private respondents as well as the counsel for the State could not point out any such satisfaction or the aspect of there being public convenience and public interest involved in granting such extension, merely the arguments have been recorded and an order has been passed rejecting the diversion and accepting the extension.