ALLAHDDIN Vs. ADDL. TRANSPORT COMMISSIONER AND OTHERS

JUDGEMENT

(1.) The present writ petition has been filed in this Court in the matter of Rajasthan Passengers and Goods Taxation Act, 1959 (Act No. 18 of 1959) (Old Act), which has since been repealed by the Repealed Act, 1982 (Rajasthan Act No. 21 of 1982) with effect from 1st Oct., 1982, hereinafter referred to as the Act of 1982.

(2.) The petitioner is a transporter by profession and was plying his passenger vehicles on the existing routes which were sanctioned by the Regional Transport Authority, on Jaipur-Aligarh amalgamated route. It has been contended in the writ petition that the scope of the route during the relevant period 1980-1981 was for 36 vehicles with 20 return trips. The Regional Transport Authority, Jaipur Region, Jaipur, vide its resolution dated 20th Aug., 1979 increased the scope of the route by raising it to 45 vehicles with 25 return trips. This resolution was challenged by the petitioner before the Rajasthan State Transport Appellate Tribunal, Jaipur and it was not implemented during the relevant assessment year.

(3.) It has further been contended on behalf of the petitioner that the R.T.A. Jaipur never communicated any time-table to the petitioner in respect of five increased trips on the aforesaid route and therefore, since the petitioner had not plied the vehicles on the route in question, there was no liability of the petitioner to pay the increased demand in respect of five increased trips.