RAJASTHAN STATE ROAD TRANSPORT Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE judgment in this case shall also decide the writ petition No. 6521 of 1991 (Fakruddin v. R.T.A. Udaipur and Anr.) as the questions involved are identical.

(2.) THE petitioner Rajasthan State Road Transport Corporation (in short, to be called 'the Corporation' hereinafter) has been established and constituted under the provisions of the Road Transport Corporation Act with effect from October 01, 1964. It has been established and constituted for the purpose of providing efficient, economic, adequate and properly co -ordinated transport -services in the State of Rajasthan.

(3.) THE second respondent Hem Das submitted an application before the Regional 'Transport Authority on 04.09. 91 for opening a new non -scheme route from Fatehnagar to Dhariavad via Changeri, Khempur, Dhardav, Vallabhnagar Station, Vallabhnagar village, Bhatevar, Navaliya, Mod, Kheroda village, Amarpura, Kundwas Chauraha, Bansra, Kedariya, Heenta, Bhinder, Motiya, Bikvaniya, Bogri -mata, Panund, Arniya, Kuntha, Lassqriya, Dhanniya Ghata, Nadakhera, Nimbari Khera, arid to grant permit on the said route. By order dated 30.09.91 the Regional Transport Authority has passed the order opening the new non -scheme route. According to the petitioner the new route which has been permitted to be opened by the Regional Transport Authority for the grant of non - temporary stage -carriage permit on the Fatehnagar Dhariawad route which is1 120 Kms in length, overlappes the three nationalised routes of approved and notified schemes of total exclusion in various portions as under :