GENDMAL Vs. STATE TRANSPORT APPELLATE

JUDGEMENT

(1.) THE petitioner is an existing operator on Partabgarh -Banswara via Dhariawad route and holds one non -temporary stage carriage permit renewed up to September 27, 1981. Non -petitioners Nos. 4 and 5 are also operators of Partabagrh -Kesariaji route via Dhariawad and non -petitioner No. 6 is the existing operator of Dhariawad -Banswara route. The case of the petitioner is that route of non -petitioners Nos. 4 and 5 overlaps the petitioner's route from Partabgarh to Dhariawad (distance is of nearly 28 miles). Three stage carriage permits are said to be in existence performing three return services for the same. Each one of the three operators of Partabgarh -Kesariaji route avails one return service per day. The petitioner has stated that formerly, on Partabgarh -Kesariaji route, quota fixed was three stage carriages and one return service only. On September 21, 1978, the three operators of Partabgarh -Kesariaji route via Dhariawad, Dahudar, Kalyanpura etc. submitted an application to the Secretary, Regional Transport Authority, Udaipur (for short, 'the RTA' hereafter) for fixing timings for the additional services. Provisional timings were given on September 27, 1978 and according to these timings, non -petitioners Nos. 4 and 5 started plying the additional services. The petitioner and other affected operators lodged objections with regard to the time -table fixed by the R. T. A. The objections were heard on October 18, 1978 and final timings were fixed in respect of the petitioner's route Partabgarh -Banswara via Dhariawad and the route of the non -petitioners Nos. 4 and 5 Kesariaji -Partabgarh. The order dated January 8, 1979 of the Secretary, R. T. A. fixing timings has been filed by the petitioner marked as Anx. P. 2. As there is only one service of Partabgarh -Banswara via Dhariawad route, the petitioner was required to start from Partabgarh at 1.00 p.m. instead of 2.00 p.m. and reach Banswara by 7.00 p.m. So also, the operators of Partabgarh -Kesariaji route were required to perform two return services over the route. They were required to start first service from Partabgarh at 1.00 p.m. and the second at 2.00 p.m., thereby keeping the difference of one hour for providing the services from Partabgarh to Banswara and Partabgarh to Kesariaji. In compliance with the order Anx. P. 2 dated January 8, 1979, the Secretary, R. T. A., issued an order to the petitioner on the same date informing him that he is required to perform the services on his route subject to objections, if any. The petitioner has filed the copy of the order of the Secretary, R. T. A., dated January 8, 1979 issued in his favour marked as Anx. P. 3. Revision No. STAT -8/79 was filed by the non -petitioners Nos. 4 and 5 and Revision No. STAT 32 of 1979 was filed by non -petitioner No. 6 against the order dated January 8, 1979. The State Transport Appellate Tribunal (for short, 'the STAT' hereafter) after hearing the parties, by its order Anx. P. 4 dated April 9, 1979, accepted both the revisions and modified the timings as under, - - Partabgarh BanswaraPartabgarbDeparture9.00 p m.DhariawadArrival4.01 p.m.Departure4.1 -5 p.m.BunwaraArrival7.00 pm.Partabgarh KesariajiPartabgarbDeparture1300 hrs.DbariawadArrival1445 hrs.Departure1800 hrs.DhnderArrival1730 hrs.Departure1745 hrs.KesariajiArrival1945 hrs. Being aggrieved by the order Anx, P. 4 dated April 9, 1979, the petitioner has filed this petition under Articles 226 and 227 of the Constitution of India and has prayed that a writ of certiorari may be issued for quashing it. He has further prayed that the order Anx. P. 2 dated January 8, 1979 issued by the Secretary, RTA, may be restored.

(2.) ON July 20, 1979, show cause notice for admission was ordered to be issued. On behalf of non -petitioners Nos. 4 to 6, a joint reply to the show cause notice was filed on August 3, 1979 opposing the writ petition. Along with the reply, photostat copies of Anx. R. 1 dated October 28, 1978, Annexure R. 2 dated February 5, 1979 and a rough sketch Annexure R. 3 of the route were filed. On August 9, 1979 learned counsel for non -petitioners Nos. 4 to 6 filed an additional affidavit along with attested copy of the resolution of the RTA dated March 28, 1974.

(3.) MR . Munshi raised a preliminary objection that as necessary (party) Dilip Kumar, was not impleaded, the writ petition suffers from a defect of his nonjoinder. He substantiated his preliminary objection by stating that all the three permits were originally held by Kanmal Kothari, Dilip Kumar and Ram Bux driver. Kanmal Kothari transferred the permit with the permission of the RTA in the name of non -petitioner No. 4 Kanhaiyalal. Rambux driver also transferred his permit with the permission of the RTA to non -petitioner No. 5. The third permit originally held in the name of Dilip Kumar Dosi still stood in his name and that non -petitioners Nos. 4 and 5, along with Dilip Kumar Dosi are providing two return services by rotation on Partabgarh -Kesariaji route. In these circumstances, Mr. Munshi submitted, that as Dilip Kumar Dosi has not been impleaded, the writ petition is not maintainable. The petitioner has prayed for issuing of a writ of certiorari for quashing the order of STAT changing the timing of the petitioner's route Partabgarh -Banswara as well as that of Partabgarh -Kesariaji route. Revisions Nos. STAT dated January 8, 1979 and 32/79 were disposed of by the impugned order Anx. P. 4. Dilip Kumar Dosi was not a party to the aforesaid revisions. It was at the instance of non -petitioners Nos. 4, 5 and 6 who preferred revisions before the STAT that timings were changed. Non -petitioners Nos. 4, 5 and 6 have already been impleaded as parties to the writ petition. Learned counsel could not satisfy me that Dilip Kumar Dosi is a necessary (party) to the writ petition. The preliminary objection is, therefore, overruled.