PRADEEP CHAUDHARY Vs. S T A T

JUDGEMENT

(1.) In these two writ petitions petitioner Pradeep Chaudhary has challenged the legality and correctness of the orders passed by the State Transport Appellate Tribunal Rajasthan, Jaipur (for short 'the S.T.A.T.' hereinafter dated August 13, 1986, granting one non-temporary stage carriage permit in favour of Ramesh Chand Samdani and the order dated September 4, 1986, granting one non-temporary stage carriage permit in favour of Govind Ram. As the points involved in the two writ petitions arising out of the aforesaid two orders are exactly the same, we propose to dispose them of by one common order.

(2.) The facts necessary for the disposal of the two writ petitions are as under :- In Udaipur region on an old existing route Bilwara Shahpura via Sanganer, Bada Mahuwa, Dhikola etc. etc. there was a scope of three stage carriages to perform three return services on the route. Under that scope one non-temporary stage carriage permit each in favour of Lal Chand, Gyan Chand and Sardar Gyan Singh was granted but Sardar Gyan Singh did not avail the permit. On August 19, 1985, the R.T.A. granted one non-temporary stage carriage permit in favour of one Asha Devi. Meanwhile the scope had been increased from 3:3 to 5:5 by the R.T.A. in exercise of the powers vested under the Motor Vehicles Act (for short 'the Act' hereinafter). As such there were two vacancies of permits on the route under the increased scope.

(3.) Ramesh Chand Samdani applied for the grant of permit over that route by the application dated June 19, 1985 and Govind Ram by his application dated July 31, 1985. These applications along with some others were published in Rajasthan Raj Patra dated September 5, 1985.