RAI SAHIB Vs. STATE OF HARYANA

JUDGEMENT

(1.) These petitions were heard together and are decided by a common order as the questions involved for determination and the facts are same.

(2.) Petitioners are the grantees of the stage carriage permits on inter-Statal route, issued by the Regional Transport Authority (R.T.A.) of the State of Rajasthan. According to the petitioners, they have been granted permits on inter-statal route under a reciprocal agreement concluded between the States of Rajasthan and Haryana arrived at in the joint meeting held on 5th, 6th, 7th and 8th February, 1968, at Chandigarh. When the to petitioners approached the R.T.A. of another State for counter-signature of the inter-State route permits, the R.T.A. refused to countersign the permits orally. The R.T.A. is bound to countersign the inter-State permits issued under the reciprocal agreement.

(3.) According to the respondents, the writ petitions as they are filed, are not maintainable. The petitioners have an alternative remedy of filing an appeal under S. 89(d) of the Motor Vehicles Act, 1988 (for short 'the Act') or to approach the R.T.A. for passing an order in writing and thereafter file an appeal against that order if aggrieved. It is further said that the R.T.A. is an appropriate authority to decide the matter of countersignature on the inter-Statal permits and is not bound to countersign it, as the agreement of 1968 was rescinded.