MAHBOOB KHAN Vs. STATE TRANSPORT APPELLATE

JUDGEMENT

(1.) THESE two writ petitions directed against the order of the State Transport Appellate Tribunal, Rajasthan Jaipur dated 5 -7 -1976, raise common questions and, therefore they are disposed of by this common order.

(2.) THE Regional Transport Authority, Udaipur, by it resolution dated 1 -10 -1974, Ex. P/1, granted stage carriage permits to the applicants on route Kankrauli -Marwar Jn via Soniana and Madri. The respondents No. 5 to 24, who are existing operators over portions of the said route, in their joint representation under Section 57(3) of the Motor Vehicles Act, 1939, had objected to the grant The route Udaipur Bhilwara via Madri is a notified route for exclusive operation by the Rajasthan State Road Transport Corporation, vide map, Ex. P/2.

(3.) IN view of the finding of the Tribunal that no stage carriage permits can be granted on the route Kankroli Mai war Jn in as much 'as' it overlaps the approved scheme on the route Udaipur -Bhilwara via Madii for 9 kms. Between Kankroli and Madri, having regard to the mandatory provisions of Chapter IV A of the Act, the Regional Transport Authority, by its resolution dated 1.7.1975, Ex. p/4, bifurcated the route Kankroli -Marwar Jn via Soni ana, Madri into two routes, viz, (i) route Kankroli -Madri, which overlaps the notified route and (ii) Madri -Marwar Jn.