SRINATH TRAVELS AGENCY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bunch of writ petitions filed by the petitioner M/s. Srinath Travels Agency under Article 226 of the Constitution of India involves identical controversy and thus, the same are being decided by this common order.

(2.) Basic facts relevant and essential for disposal of these writ petitions are being referred from Writ Petition No.1570/2017 because the complete set of relevant documents and pleadings are available in this file.

(3.) The petitioner herein is engaged in the transport business and owns private transport vehicles viz. buses. A service order dtd. 11/5/2016 was issued to the petitioner by the company Hindustan Zinc Limited for a period of four years commencing from 11/5/2016 to 10/5/2020. By virtue of this service order, the petitioner was engaged to deploy 23 vehicles at different locations of Hindustan Zinc Limited so as to ferry its employees to and fro from the factory and office premises. On receiving the service order, the petitioner submitted applications to the Road Transport Department in the prescribed form under Ses. 76 of the Motor Vehicles Act, 1988 for obtaining "private service vehicle" permits. These applications were accompanied with the service order dtd. 11/5/2016. The RTA, Udaipur scrutinized the applications and granted 23 "private service vehicle" permits to the petitioner on different dates between 1/9/2016 to 29/11/2016. Below Point No.6 relating to the specification and number of persons permitted to be carried, it was noted that the persons to be carried would be Hindustan Zinc Limited employed as per the service order. The petitioner deposited the road tax for 23 vehicles covered under the permits period upto March 2017 and started plying the vehicles in the capacity of representative, agent and agency of Hindustan Zinc Limited as per the terms and conditions of the service order.