INDER SINGH Vs. S T A T

JUDGEMENT

(1.) This is a writ petition by one Indersingh, who carries on a transport business in Rajasthan. He has challenged the order of the State Transport Appellate Tribunal (for short 'S.T.A.T.' hereafter), dated June 5, 1979, cancelling the temporary permit on Bhadra-Rejri route granted to him by Regional Transport Authority (which will hereinafter, for the sake of brevity, be referred to as 'R.T.A.'), Bikaner in pursuance of the resolution dated May 2, 1979,

(2.) In order to appreciate the contentions raised, I may briefly refer to the facts giving rise to this petition,

(3.) Bhadra-Siwani is an inter-Statal route 35 miles in length and out of which 28 miles is in the State of Rajasthan and 7 miles of this route fall in the State of Haryana. The State of Rajasthan as well as the State of Haryana entered into an agreement to open the route Bhadra-Siwani. This route has been mentioned at item No. 29 in the agreement (Ann, P-6). The State of Rajasthan was allotted the share of two buses and one return service. In accordance with the agreement, the route Bhadra-Siwani was opened via Uttardawas-Amarpura etc. and for a small portion between these places, which according to the petitioner, is unmotorable, diversion was permitted by the R.T.A., Bikaner via Dabrimore, Patwa, Jogiwala Amarpura etc. as shown in the rough sketch map marked Ann. P-l. While permitting this diversion, the R.T.A., Bikaner allowed a shuttle service of 9 k. m. from Bhadra to Uttardawas. Subsequently, the R.T.A. opened a new route Bhadra-Rejri, which is on the Rajasthan border which completely overlaps the above route. The route Bhadra-Rejri, which is nearly 28 kilometers in length, was opened by the R.T.A., Bikaner on April 16, 1979. The petitioner submitted an application on April 26, 1979 for the grant of a temporary permit, and in pursuance of the resolution (Ann. P-3) of the R.T.A. dated May 2, 1979, the petitioner was granted one temporary permit on Bhadra-Rejri route.