VIDYA SAGAR Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE petitioner in this writ petition is an existing operator of Bhilwara -Bijoliya -Kota route. A draft scheme for the nationalisation of Udaipur Bijoliya -Bundi route was published under Section 68C of the Motor Vehicles Act (hereinafter referred to as 'the Act') in the Rajasthan Gazette dated 24th April, 1973, and another draft scheme in respect of Bhilwara -Bijoliya -Bundi route was also likewise published under Section 68C of the Act on May 11, 1973. A portion of Bhilwara Bijoliya -Kota route, from Salavatia to Bijoliya, which is a distance of about five miles, was covered by both the aforesaid proposed scheme of nationalisation.

(2.) THE respondent No. 2 submitted an application for the grant of a non -temporary 8 age carriage permit on Kota -Bijoliya route (hereinafter referred to as 'the (sic). The application of the respondent No. 2 was duly polished in the Rajasthan Gazette, inviting objections in respect thereof, under Section 57(3) of the Act. The petitioner, however, did not submit any objections or representations in respect of the application of the respondent No. 2 for grant of a permit on the route. The Regional Transport Authority, Kota, considered the aforesaid application of the respondent No. 2 in its meeting held on September 12, 1974, alongwith other applications for the grant of a non temporary stage carriage permit on the route, The Regional Transport Authority, Kota observed in its resolution dated September 12, 1974 that a non temporary stage carriage permit was issued on the route in the past but the operator had stopped plying his bus and after considering the comparative merits of all the applicants, the petitioner was considered o be the most suitable person for the grant of a non temporary stage carriage permit on the route. Therefore, the the Regional Transport Authority. Kota, granted a non -temporary stage carriage permit to the respondent No. 2 on the route for a period of three years. In pursuance of the aforesaid grant, a permit was actually issued to the respondent No. 2 on the route on September 24, 1974.

(3.) MR . Maheshwari, appearing for the respondent No. 2, has raised a preliminary objections and has submitted that the petitioner having failed to file objection or representations under Section 57(4) of the Act, in respect of the application of the respondent No. 2 for grant of permit on the route and having failed to prefer any appeal or revision in respect of such grant, the present writ petition on behalf of the petitioner is not maintainable As regards the contention of the learned counsel for the petitioner regarding fixation of the limit of permits on the route, it has been submitted that, the route in question was opened by the Regional Transport Authority as far back as in the year 1952 and one permit was granted on the route and as such a limit of one permit should fie considered to have been fixed on the route. The learned counsel for the respondent No. 2 submitted that the Regional Transport Authority, Kota, granted a permit to the respondent No. 2 on Kota Bijoliya route in accordance with the decision of this Court in M/S Rajendra Singh and Brothers, Banswara v. Regional Transport Authority, Udaipur Region, Udaipur and Ors., 1972 WLN 583 and that in case the petitioner would have objected before the RTA, Kota to the grant of the permit in question to the respondent No. 2 on the ground that the route of such permit overlapped the routes in respect of which the proposed schemes of nationalisation were published, then the Regional Transport Authority might have granted a permit to the petition or only from Kota to Salavatia. It was also submitted that the nationalisation scheme relating to Bhilwara -Bundi route has already been approved by the State Government and the approved scheme was published on October 9, 1975 in the Rajasthan Gazette and as a consequence thereof, the permit of the respondent No. 2 has already been curtailed for the portion from Salavatia to Bijoliya. Thus the respondent No. 2 is now plying his bus from Kota to Salavatia only after the approved scheme relating to Bhilwara -Bundi route has come into force.