BHURA LAL Vs. R T A

JUDGEMENT

(1.) THE petitioner by this writ petition has prayed that the R.T.A. Udaipur may be restrained from granting any stage carriage permit either temporary or non -temporary on the route Bhilwara to Gulabpura via Arjiay, Banera etc.

(2.) THE petitioner is holder of a non -temporary stage carriage permit on the present route i.e. Bhilwara -Gulabpura via Arjiya, Mahu, Khurd, Kamalpura, Banera, Ufreda, Dabla. Angucha Chauraya Hurda etc. There are two non -temporary stage carriage permits one with the petitioner and the other with Kanhaiyalal Khandelwal. It is submitted that Bhilwara Gulabpura route on which the petitioner is an existing operator is overlapped by the notified route of Bhilwara -Ajmer under Section 68 -D(3) of the Motor Vehicles Acts in its portion from Bhilwara to Arjia Mod measuring 7.4. kms. He further submits that the route is further overlapped by two draft schemes. He further submits that this route is covered by draft schemes as well as notified schemes. He further submits that some time back some persons applied for the grant of non -temporary stage carriage permits on the route in the year 1977. But the Regional Transport Authority vide its resolution dated 28/29 -7 -1977 rejected the application on the ground that the route is overlapped by draft scheme. Aggrieved against the aforesaid resolution two appeals were filed, one by Madanlal Bangad and another by Rajendra Prasad Nuwal before the Tribunal. The same were heard by the order dt. 8 -3 -1978 the Tribunal has accepted the appeals in part. Though the Tribunal upheld the order of the RTA for not granting non -temporary stage carriage permit on the route in question, but set aside the order of the RTA rejecting the application submitted for grant of non -temporary stage carriage permits and directed the RTA to treat the application filed by the appellants as pending till the finalisation of the draft scheme under Scetion 68 -D(3) of the Act. As a result of this both the applications filed by Madanlal Bangad and Rajendra Prasad Nuwal are still pending. It has further been submitted that when the applications for grant of non -temporary stage carriage permit on the route in question were published by the RTA, Udaipur, the applications for grant of temporary permit were also filed in tne office of the RTA, Udaipur by persons like Madanlal Bangad, Dwarka Prasad Ranjit Singh Odia and Nandlal Sindhi etc, a writ petition was filed by Kanhaiyalal, the other existing operator of the route in the High Court and stay order was also granted by this Court restraining the R.T.A. to grant any temporary or non -temporary stage carriage permits on Bhilwara -Gulab Pura route.

(3.) THE writ petition filed by the petitioner is absolutely misconceived. No case is made out for issuing an anticipatory mandamus. The RTA, Udaipur cannot be restrained to consider the applications for grant of temporary or non -temporary stage carriage permits on the route in question simply because the route is covered by various services, nor the RTA can be restrained in anticipation that he will grant permit temporary or non -temporary illegally. The discretion of the RTA cannot be fettered merely on imaginary things. It is always open to the petitioner if any action taken by the RTA, Udaipur for grant of temporary or non -temporary permit is bad or illegal then the petitioner has a sufficient remedy under the Act to challenge the same.