BHANWAR LAL JAIN Vs. REGIONAL TRANSPORT AUTHORITY UDAIPUR

JUDGEMENT

(1.) This is an appeal filed by the original petitioner whose petition has been disposed of in the light of decision in S.B. Civil Writ Petition No. 66/92, decided on 7/12/1992 (Ajaib Singh v. R.T.A., Bikaner).

(2.) The appellant-petitioner holds a state carriage permit on Bhilwara to Beawar route. He had prayed for a writ restraining the Regional Transport Authority from entertaining, considering and granting state carriage permit, temporary or non-temporary on the route covered by a Draft Scheme prepared by the State Transport undertaking (R. S. R. T. C.), under Section 68C of the Motor Vehicles Act, 1939 (for short 'the Act' hereinafter). The three routes covered by this Draft Scheme were (i) Bhilwara to Beawar via Mandal, Haripura, (ii) Bhilwara to Deoli via Baneda, and (iii) Beawar to Karesa via Asind route and portions thereof.

(3.) This Draft Scheme is stated to have been published in Rajasthan Gazette in the year 1991. As per clause (4) of the said Draft Scheme, the R.S.R.T.C. and any other State Transport undertaking pursuant to any reciprocal transport agreement were exclusively entitled to provide passenger transport services and no other person would be authorised to ply the state carriage or contract carriage services on the route. The Draft Scheme published under Section 68C of the Act is a Law and has overriding effect over Chapter-IV of the 1939 Act which is analogous to Chapter-V of the Motor Vehicles Act, 1988, as per the petitioner.