JAI HIND CO OPERATIVE TRANSPORT SOCIETY LTD Vs. A A TRANSPORT OF THE STATE TRANSPORT AUTHORITY RAJ JAIPUR

JUDGEMENT

(1.) THESE two petitions arise out of the same facts. The parties have produced documents favourable to each, but their genuineness has not been disputed. The two petitions are disposed of by one and the same judgment.

(2.) CERTAIN applications were received for starting Bus Service in Jaipur City, and the R. T. A , Jaipur, by Resolution No. 412 of 1953, dated 5th/9th/l0th September, 1953, decided that (1) Messrs Central Transport Service, Jaipur. (2) Messrs United Motors, Jaipur, and (3) Messrs Jai Hind Cooperative Society Ltd , Jaipur, be sanctioned stage carriage permits for six buses each to run bus service in the City of Jaipur within the municipal limits on the following conditions - (1) That each applicant shall put in six buses 1953 model within 3 months of the sanction. (2) That the body of each bus shall be omnibus type conforming to the specifications and design approved by the R. T. A. (3) That the approved routes in the City shall be grouped in 3 zones and each of the applicants shall ply his buses in each Zone in rotation for a period of one month at a time. It was further resolved that a Sub-Committee of Shri B. N. Bhargava and Shri N. N. Verma be consituted to examine and determine three zones of routes in the City.

(3.) IT may be mentioned that the petition of the Central Transport Service was based on the ground that the other party not having taken any step towards placing their buses on the road, the Central Transport Service had taken various steps to popularise their bus service including construction of bus stands and had to incur certain expenditure and the other party had now come in the field to take advantage of it. The Regional Transport Authority had very rightly decided to go into the question by appointment of a committee by Resolution No. 345 of 1955. The opinion of the R. T. A. had not crystallised on that question, and the observations of the Appellate Authority in respect of the allocation of routes was likely to hinder the deliberations of the Committee, and the decision of the R. T. A. In the circumstances the grievance of the Central Transport Service, if any, can still be the subject of consideration by the R. T. A.