JAI KISHAN Vs. REGIONAL TRANSPORT AUTHORITY JODHPUR

JUDGEMENT

(1.) PETITIONER Jaikishan, who claims to be an existing operator on an inter-regional route Kuchaman (in the Jodhpur region) to Losal (in the Jaipur region), questions the validity of a temporary countersignature granted by the Regional Transport Authority, Jodhpur under its circulation note No. 474 of 6th October, 1967, on a permit granted to respondent No. 2 by the Regional Transport Authority, Jaipur for the Sikar-Kuchaman route which is also an inter-regional route. The petitioner has prayed for an appropriate writ, direction or order quashing the countersignature as also for restraining respondent No, 2 from plying his bus under the impugned countersignature.

(2.) THE facts essential for the disposal of the writ petition are briefly these : Kuchaman-Losal is a 'c' Class route about 22 miles in length. As already observed,. Losal is in Jaipur region whereas Kuchaman is in Jodhpur region. Petitioner claims that he along with another operator is providing a regular transport service on this route. THE route Sikar-Kuchaman via Khoor and Losal is again an inter-regional route of about 46 miles in length and this route completely overlaps the Losal-Kuchaman route. Respondent No. 2 obtained a permit for providing transport service on Sikar-Kuchaman route from the Regional Transport Authority, Jaipur. He then made an application before the Regional Transport Authority, Jodhpur for counter signing the permit. This was done on 19-9-67. For reasons which are not clear enough, the Regional Transport Authority, Jodhpur was not able to dispose of the application of respondent No. 2, and consequently on a request made by respondent No. 2, it granted countersignature temporarily for a period of four months under cover of its letter No. 5643 of 31st October, 1967. This letter was issued in pursuance of a circulation note which was No. 474 and it was circulated to the members of the Regional Transport Authority by the Secretary, Regional Transport Authority.

(3.) BIHARILAL Chaurasia vs. Regional Transport Authority, Rewa (5) also does not help in dealing with the point under consideration. It was observed by the learned Judges in that case that the word "grant" used in sec. 63 (3) of the Act means not only the original grant but also the grant of renewal and renewal is a continuation of the permit previously granted.