MOHAMMED SHAFI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE five writ petitions can be conveniently disposed of by a common order as common questions of law arise for determination in these cases.

(2.) THE challenge in all these writ petitions is with regard to the reciprocal agreement arrived at under Sub-sections (3-A) and (3-B) of Section 63 of the motor Vehicles Act (hereinafter referred to as 'the Act'), between the States of rajasthan and Madhya Pradesh on April 3, 1975. The petitioner in writ petition no. 1028 of 1975, Mohammed Shafi is an existing operator of Chittorgarh-Begun Singoli Bhensrodgarh route, while the petitioner Bapulal in writ petition no. 1081 of 1975 is an existing operator of Chittorgarh-Begun-Singoli route. Bashir Ahmed, who is the petitioner in writ petitions Nos. 1041, 1077 and 1233 of 1975 is also an existing operator of Chit-torgarh-Bhensrodgarh via Begun and Singoli route. The route from Chittorgarh to Bhensrodgarh via Bebun and singoli is an inter-Statal route, 140 Kilometers long, out of which 119 kilometers lie in the State of Rajasthan, while the remaining portion cf 21 kilometers from Dhardi to Singoli lies in the State of Madhya Pradesh. It may also be mentioned here that both the termini of the route lie in the State of rajasthan and although the route enters the State of Madhya Pradesh at dhardi, it re-enters the State of Rajasthan at Singoli In writ petitions Nos. 1028 and 1233 of 1975 the counter signatures by the Madhya Pradesh authorities in respect of the permits of respondents Nos. 3 to 5 regarding the portion from dhardi to Singoli have also been challenged. The respondents Nos. 3 to 5 in the aforesaid writ petitions are operators of Bhilwara-Bhensrodgrah via Begun route and the portion which is common to the route of the petitioners and those respondents is from Begun to Bhensrodgarh. It is admitted by the learned counsel for the parties on both sides that the respondents Nos. 3 to 5 in the aforesaid writ petitions used to ply their vehicles from Bhilwara upto Dhardi only via Begun, although in their permits Singoli and Bhensrodgarh were also mentioned. But on account of the absence of a reciprocal agreement between the States of Rajasthan and Madhya Pradesh in respect of Bhilwara-Bhensrodgarh route, the permits of the said respondents were not countersigned by the Madhya Fra-desh authorities for the portion from Dhardi to Singoli and as a result thereof, those respondents could not ply their vehicles beyond Dhardi The parties are also not at dispute in respect of the fact that there was a reciprocal agreement arrived at between the States of Rajasthan and Madhya Pradesh on January 11/12, 1968. In that reciprocal agreement the route from Chittorgarh to Bhensrodgarh via Begun and Singoli was included but the route from Bhilwara to Bhensrodgarh via Begun and Singoli did not find a place. A draft of the proposed reciprocal agreement, revising the earlier agreement, was published on September 12, 1974 in the Rajssthan Gazette inviting objections in respect thereof from the concerned operators. In the said draft of proposed reciprocal agreement, the route from Bhilwara to bhensrodgarh via Mandalgarh, Dhardi, Singoli was included at item No. 91 and it was envisaged that five buses of Rajasthan Operators would ply four single trips on the aforesaid route, with the condition that no passenger shall be picked up or set down between Dhardi and Singoli. The objections filed by the petitioners and other sheeted persons were considered by the Home commissioner, who was authorised to do so on behalf of the State Government, and by his order dated February 13, 1975 the Commissioner for Home Affairs rejected all the objections and approved the draft agreement, for and on behalf of the State of Rajasthan. The final reciprocal agreement between the aforesaid two Stales was published in the Madhya Pradesh Gazette Extraordinary dated april 3, 1975 and in the Rajasthan Gazette dated May 6, 1975.

(3.) TWO more facts need be mentioned here. The State Government of Madhya pradesh published a notified scheme No. 73 in the Madhya Pradesh Rajpatra dated 8-1-1971 in respect of some inter-statal routes of Indore Region, which included Chittorgarh-Singoli route also. A copy of the aforesaid approved scheme, as notified in the Madhya Pra-desh Gazette, has been placed on record as Annexure P/11 in Mohammed Shaft's writ petition and I shall refer to it a little later, as considerable arguments have been raised by the learned counsel in respect thereof. Another fact which needs mention is that the Rajasthan state Road Transport Corporation published a draft nationalisation scheme in respect of the route from Bhilwara to Bijolia via Bigod and Ladpura, in the rajasthan Gazette dated May 11, 1973. The aforesaid draft scheme has now been approved by the State Government and the final nationalisation scheme has also been notified under Section 68-D (3) of the Act on October 9, 1975 and it has also been stated before me at the Bar that the said scheme has also been implemented with effect from October 25, 1975. Another draft scheme for the nationalisation of Udaipur-Chittorgarh, Chittorgarh-Bundi and other connected routes was published in the Rajasthan Gazettee dated April 24. 1973. This draft scheme is still under consideration of the State Government.