NARENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 7.11.2006 passed in SBCWP No. 5646/2000 whereby the learned Single Judge has come to the conclusion that since the cause is originated in Revenue District of Sikar, the petitioner can agitate his grievance before the Jaipur Bench of this Court. The learned Single Judge also directed the Registry to place the record of the case before the Hon'ble Chief Justice for passing appropriate orders with regard to transfer of this petition to Jaipur Bench.

(2.) It is the case of the petitioner that a dispute arose between the Rajasthan State Road Transport Corporation and the private operators regarding grant of two non-temporary stage carriage permits on the interstate route Rajgarh-Hissar via Jhumpa. The writ petitions were preferred by the Corporation before this Court which were allowed by the learned Single Judge, against which some private operators as well as the Corporation preferred Special Appeals before the Division Bench of this Court. In those appeals, this Court held that the permits on the route in favour of the Corporation did not survive as a result of condition with regard to the counter signature of the permits and the Corporation not securing renewal after expiry of the permit. This Court further held that permits granted in favour of Shri Rishi Kumar and Pawan Kumar on the route by the Tribunal vide order dated 17.1.1998 cannot be sustained. This Court further held that the existing vacancy must be notified by inviting all the original applicants who are aspirants to make an application to consider grant of permit.

(3.) It is also the case of the present appellant in the writ petition that in pursuance of the directions issued by this Court, the Regional Transport Authority, Sikar (RTA) notified the vacancies for grant of two non-temporary stage carriage permits to operate four single trips on the interstate route Rajgarh-Hisar via Jhumpa vide notification dated 5.8.2003 which was published in the Rajasthan Gazette on 13.8.2003. By the said notification, the persons aspirant to obtain the permit on the route were called upon to submit their applications within a period of 30 days from the publication of the notification. In pursuance of the said notification, the appellant made an application for grant of permit on the route in question. It is the case of the appellant that he belongs to a family which is engaged in transport business and providing transport services to the commuter public on various routes for last more than 50 years. The applications were considered by the RTA, Sikar in its meeting held on 10.2.2004 and against the two existing vacancies on the interstate route in question, the permits were granted in favour of Bharat Singh S/o. Man Singh and Sube Singh S/o. Chhotu Ram Harijan whose applications were listed before the learned RTA at serial No. 40 and 41 respectively. It is the case of the appellant that the RTA had not examined the competitive claim of the applicants aspirant for the grant of permit and straightway granted permits in favour of Bharat Singh and Sube Singh, giving preference on the ground that Bharat Singh is ex-service man and Sube Singh is a member of Scheduled caste.