ASHARAF Vs. RTA JODHPUR

JUDGEMENT

(1.) LEARNED conusel for the parties have agreed that the orde of the Regional Transport Authority, Jodhpur, dated August 10, 1981 in so far as it proceeds to reject the application of the petitioner for grant of a non -temporary stage carriage permit may be set aside. It has also seen brought to my notice that the same application of the petitioner has subsequently been published in the Rejasthan Raj Patra dated November 3, 1981 and objections have also been invited in respect thereof, in accordance with the procedure prescribed under Section 57(3) of the Motor Vehicles Act.

(2.) IN view of the decision of their Lordships of the Supreme Court in J.N. Wahal v. Sheikh Mahfooz : [1970]2SCR243 , I am of the view that the Regional Transport Authority, Jodhpur, should not have proceeded to reject the application of the petitioner after the increase in the limit of permits on the route was made by the order dated August 10, 1981. As the learned Counsel for the parties have agreed to the aforesaid course being adopted, it is directed that the order of the Regional Transport Authority, Jodhpur, dated August 10,1981, is maintained so far as it increases the limit of the permits on the route from 14 to 16 permits, but is set aside in so far as the said order proceeds to reject the application of the petitioner for grant of a non -temporary stage carriage permit on the route. As the petitioner's application has already been published and objections hive also been invited in respect thereof, there can be no difficulty in the consideration of the application of the petitioner for grant of a permit, along with consideration of the other applications for grant of permits on the route, which have been received in pursuance of the notification of the Regional Transport Authority, Jodhpur, under Sections 57(2) of the Motor Vehicles Act.