BHAGWAN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner as well as learned Counsel for the respondents.

(2.) THESE two writ petitions, S.B. Civil Writ Petition Nos. 1098/2004 and 1165/2004 have been filed by Hukam Singh and Bhagwan Das respectively. According to learned Counsel for the petitioner, the facts of both the cases are identical, though the vehicles involved are different but question of facts and law of one petition will sufficiently represent the correct factual aspect of the other case and, therefore, both the petitions may be decided together.

(3.) THE petitioner preferred appeal against the order OT the RTA, Jodhpur, which was allowed by the appellate authority, STAT by order dated 4th September, 1993 who set aside the order of the RTA. It appears that petitioner submitted an application before the concerned authority for issuing registration certificate of the vehicle in Rajasthan and he produced the order of STAT dated 4th September, 1993 before the said authority. The petitioner when received the registration certificate on 20th October, 1993, he found that in spite of the decision of STAT, Rajasthan, Jaipur the capacity of the vehicle was shown 54 instead of 36. Therefore, petitioner preferred S.B. Civil Writ Petition No. 5637/1993 before this Court and sought direction against the first respondent, i.e., District Transport Officer to correct and amend the registration certificate of the vehicle in question providing the seating capacity of the vehicle as 36 (2 x 2) instead of 54.