GANESH MAL SURANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals raise a common question of law in the identical facts and arise out of the common judgment dated 20-4-1992 passed by the learned single Judge, by which the learned single Judge dismissed the writ petitions filed by the petitioner-appellants and, therefore, they are being disposed of by this common judgment. For the convenient disposal of these appeals, the facts given in D. B. Civil Special Appeal No. 245 of 1992 (Mool Chand Mandot v. State of Rajasthan and others arising out of S. B. Civil Writ Petition No. 2186 of 1986) are taken into consideration.

(2.) Appellant Mool Chand Mandot was an existing operator on Deogarh to Badnore via Bhim-Todgarh route having non-temporary stage carriage permit in his favour. This permit of the appellant-petitioner for the route was renewed before the approval of the Scheme of Deogarh-Badnore route. A Draft Scheme under Section 68-C of the Motor Vehicles Act (for short, 'the Act') came to be published on 13-4-1979 in the Rajasthan Rajpatra for the following routes :--- (i) Bhim Deograh via Tal Lasani; (ii) Deogarh Bhim via Bagad, Tadgarh Pawatia; (iii) Bhim Tadgarh via Pawatia; and (iv) Bhim Badnore via Ajitgarh -- Lalgarh Pichola. As the petitioner-appellants' routes were affected by this Draft Scheme, therefore, they filed objections to these Schemes. The Special Secretary (Home), Rajasthan, Jaipur considered the objections raised by various operators and by his order dated 29-6-1985 refused to give approval to the Scheme Bhim-Deogarh via Tal Lasani but approved the Scheme relating to three routes, namely, (i) Deogarh-Bhim via Baggad; (ii) Bhim-Todgarh via Pawatia, and (iii) Bhim Badnore via Ajitgarh etc. The appellants, aggrieved with the approval of the Scheme on these three routes by the Special Secretary (Home) on 29-6-1985 filed writ petitions for quashing and setting aside the Draft Scheme and the approval dated 29-6-1985 and further prayed that the respondents may be restrained from notifying the aforesaid Scheme for the aforesaid routes.

(3.) The writ petition came up for admission on 1-10-1986. The Court, on that day, issued notices to the respondents to show cause why the writ petition may not be admitted. The service on all the respondents were affected and after service on the respondents, the case was listed for admission on 6-1-1987. Nobody appeared on behalf of the Rajasthan State Road Transport Corporation but Shri B. R. Mehta, Deputy Government Advocate, appeared on behalf of the respondents Nos. 1, 2 and 4. After hearing the learned counsel for the parties, the writ petition filed by the petitioner-appellant was admitted and on the stay petition, the following order was passed.