REGISTRAR, MOHANLAL SUKHADIA UNIVERSITY Vs. VIJAY PAREEK

JUDGEMENT

(1.) The order dated 29.4.2014 passed on the application under Article 226(3) of the Constitution of India for vacating the interim restraint granted in S.B.Civil Writ Petition No.7257/2009 by order dated 29.6.2009, constitutes the subject matter of challenge in the instant appeal.

(2.) We have heard Mr.Anuroop Singhi, learned counsel for the appellants/writ petitioners and Mr.Bharat Vyas, learned counsel for the intervenors.

(3.) Facts briefly stated, for the present adjudication, as pleaded by the appellants/writ petitioners, are that they are transport operators holding permits No.4632/96 and 4659/96 for operating on the route Bague to Rawatbhata via Balwant Nagar etc., along the inter State stretch between the States of Rajasthan and Madhya Pradesh. This route, as the records reveal, came into existence on 27.9.1977 on the truncation of two earlier routes referred to in the relevant reciprocal agreement i.e.Chittorgarh to Bhensaroadgarh via Singoli from Bhilwara to Bhensaroadgarh via Singoli. In the year 2001, both the States again entered into an agreement making it effective on and from 26.7.2001, whereunder it was agreed that the stage carriage permits countersigned by either State prior to the agreement would remain valid. As mistakenly, this route was mentioned in Annexure-B to the agreement to be a notified route, a supplementary reciprocal agreement was duly published in both the States and it was added in Annexure-A1 thereto. In terms of this agreement, the Regional Transport Authority, Chittorgarh granted 05 non-temporary stage carriage permits on the applications for grant thereof qua the route, while the permit of the appellants/writ petitioners alongwith others totalling 10 were continued.