SAMARATHMAL Vs. JUGALDAS

JUDGEMENT

(1.) THESE three appeals are directed against the common order dated 7 -7 -1971 passed by learned Single Judge of this Court disposing of two writ applications (S. B. Writ Petition No. 1926 of 1970 Messrs. Modern Transport, Kota v. State Transport Authority and others and S. B. Writ Petition No. 946 of 1970, Jugaldas v. State Transport Authority and others) whereby he accepted the writ petitions and quashed the resolution dated 5 -9 -1970 of the State Transport Authority, Rajasthan, hereinafter referred to as the S.T.A., granting counter -signatures on the permit of Shri Samrathmal on Neemuch -Kota route.

(2.) THE material facts which it is necessary to notice for the disposal of these appeals stated in brief are : That a reciprocal agreement in regard to various inter -Statal routes was arrived at between the representatives of the State of Rajasthan and State of Madhya Pradesh in their meeting held on 11th and 12th of January, 1968 at Gwalior. This agreement also embraced in its fold the following inter -Statal routes: (1) Kota -Chambal Dam - - 62 miles. (2) Neemuch -Chambal Dam, expended upto Kota 109 miles. (3) Kota -Chambal Dam extended upto Neemuch 109 miles. Under the said agreement two single services were provided for each, of the aforesaid routes. Samrathmal, the appellant made an application on 15th of March. 1968, to the S.T.A. (M. P.) for the grant of one non -temporary stage carriage permit on the Neemuch -Kota via Chambal route. The same was granted by the S.T.A. (M. P.) on 10 -8 -1970. The permit was issued to Samrathmal on 20th of August, 1970, and the same was to be counter -signed by the S.T.A. (Rajasthan). The Secretary to the S.T.A. (M. P.) sent a letter of request to the S.T.A. (Rajasthan) for grant of counter -signature in regard to the permit of Samrathmal. Samrathmal also moved the S.T.A. (Rajasthan) by way of an application on 21 -8 -1970 for obtaining the counter -signatures on his permit. It appears that in the meantime on 7 -8 -1970 the existing operators on the affected routes moved an application to the S.T.A. (Rajasthan) to the effect that according to their information the S.T.A, (M. P.) has either granted two non -temporary stage carriage permits for Nee -much to Chambal Dam extended upto Kota under the alleged reciprocal agreement and the same have been presented for counter -signature to the S.T.A. (Rajasthan) or are likely to be submitted for its counter -signature. They prayed that they should be afforded an opportunity before the counter -signatures were granted as the S.T.A. had no jurisdiction to grant counter -signature. The S.T.A. (Rajasthan) overruled their objections and granted counter -signatures by its impugned resolution dated 5 -9 -1970. Jugaldas and Messrs. Modern Transport moved this Court under Article 226 of the Constitution of India and challenged the impugned resolution inter alia on the ground (i) that a scheme under Section 68 -C of the Motor Vehicles Act for Kota -Ravat Bhata route having been published no counter -signatures could be granted to Samrathmal on Neemuch -Kota route as it completely covered the route under the scheme already published; (ii) that neither the draft of the proposed direction, nor the directions finally issued by the State of Rajasthan. for giving effect to any inter -Statal agreement were published under the proviso to Section 43 (1) (iv) of the Act; (iii) that the impugned counter -signature was against the stay order of the Rajasthan High Court passed on 13th March, 1970, in Civil Writ Petition No. 293 of 1970; (iv) that the S.T.A. Rajasthan) virtually reviewed its resolution dated 6 -7th August, 1970, wherein it had resolved not to countersign such permits; (v) that the impugned resolution was passed in a meeting which was illegal for want of quorum; and (vi) that the S.T.A. (Rajasthan) had no jurisdiction over the inter -Statal and interregional routes in the matter of granting permit or counter -signatures. On these submissions both Messrs. Modern Trans -port and Jugaldas challenged the impugned resolution of the S.T.A,

(3.) THE learned Single Judge accepted the writ petitions on two grounds: Firstly that the S.T.A. had no authority to grant counter -signature on the permit as it had no jurisdiction to grant permit or counter -signature on a permit for the inter -Statal route at the material time. Secondly, Section 43 (1) (iv) and its proviso were not complied with as the draft of the proposed directions was not shown to have been published in the official gazette. The learned Judge, however, rejected the remaining contentions of the petitioners. The plea of the appellants that the writ petitioners themselves were deriving benefit under the reciprocal agreement was brushed aside simply on the ground that the S.T.A. had no jurisdiction whatsoever to grant counter -signatures on the permits over the inter -Statal route and, therefore, their conduct would not confer any jurisdiction on the S.T.A. when it had none. Eventually the learned Single Judge accepted the writ petition and quashed the impugned resolution of the S.T.A. dated 5 -9 -1970. Both Samrath Mal and State of Rajasthan feel aggrieved by the orderof the learned Single Judge and have, therefore, come before us by way of appeal.