LAWS(RAJ)-2007-4-75

OM PRAKASH Vs. STATE OF RAJASTHAN

Decided On April 05, 2007
OM PRAKASH Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner has filed this writ petition with the prayer that the order dated 16. 2. 1999 passed by the respondent no. 4 namely, the State Transport Authority, Haryana be quashed and it be directed to counter sign the permit No. (R. S. 5. 9.) 1395 dated 28. 1. 99 issued in favour of the petitioner in the route Khetri to Rohtak viz Nizampur, Narnaul, Mahendragarh, Dadri existing inter state route and should be further directed to allow him to ply the bus on the basis of the permit held by him.

(3.) SIMILAR controversy when arose before the Punjab & Haryana High Court in Rajendra Parshad (supra), that Court also took the same view while observing as under:- " The norms of reciprocity are to be worked out by the State Government by keeping in view their own interests. As per the earlier agreement, only one permit was supposed to be countersigned by the State of Haryana which has already been countersigned. If the State Transport Authority of Jaipur had issued any permit in excess of the fixed norms or agreement executed between the States Haryana and Rajasthan, the former State is not duty bound to counter-sign such permit. The State of Haryana has to see its own interest before granting permission to ply a bus in its own State. There could be several valid considerations on the part of State of Haryana whether such like permit issued by the authority of Jaipur would be in any way prejudice the interest of Haryana or not and whether it would infringed the monopolistic rights of the State of Haryana with respect to the various routes within the State. "