AIDAN Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) THIS is a petition under article 226 of the Constitution by one Aidan an operator on the Degana-Ararka-Kishangarh-Ajmer route challenging on order of the Regional Transport Authority Jodhpur issuing a permit to M/s. Rathore Roadways, Kishangarh, on the Degana-Ararka-Kishangarh-Ajmer route in pursuance of its resolution dated 25th/26th/27th September 1964.

(2.) A permit was granted to respondent No. 3 on condition of its employing a vehicle of the model prescribed by the State Transport Authority for the time being within a period of 45 days. Respondent No. 3 purchased a vehicle of 1954 model on 30. 10. 64 and applied for issue of permit on 31. 10. 64. The issue of permit was stayed by an order of the Transport Appellate Tribunal as an appeal had been filed against the grant of permit to respondent No. 3. This appeal was ultimately dismissed on 17. 5. 65 and permit was issued to the respondent on 27. 5. 65. The vehicle in question was first registered on 24th April 1954. Under the instructions issued by the State Transport Authority on 8. 7. 57 as modified on 30. 7. 59 for permit on a 'c' class route it has to be ensured that a vehicle which has covered more than 10 years since the date of first registration is not allowed to be used by the new permit holder.