STATE OF RAJASTHAN Vs. NOOR MOHAMMAD
LAWS(SC)-1972-8-24
SUPREME COURT OF INDIA (FROM: RAJASTHAN)
Decided on August 09,1972

STATE OF RAJASTHAN Appellant
VERSUS
NOOR MOHAMMAD Respondents

JUDGEMENT

Palekar, J. - (1.) Orders have been already passed dismissing the appeal and the reasons will be given now
(2.) This appeal arises out of an Order passed by the High Court of Rajasthan in Writ Petition No. 453 of 1969. The respondent Noor Mohammad, resident of Jaipur, submitted an application on 11-3-1968 to the Regional Transport Authority, Jaipur, for the grant of a non-temporary stage carriage permit on Jaipur-Rohtak route via Shahpura-Katputli, Behror-Jahari. Objections were invited but no objections were filed. Besides the respondent. however, the State Road Transport Corporation and two other persons had applied for the grant of permit on this route. These two other persons were also absent. Only the respondent and the Corporation were present. The Regional Transport Authority did not take the application of the respondent into consideration by reason of a resolution passed by the State Transport Authority. Rajasthan. which was in force. That resolution dated January 27, 1969 and numbered Tr. S.T.A. I/69/31743 was duly notified and published on February 6. 1969 as follows " In exercise of the powers under Section 44 and Section 3 (b) of the Motor Vehicles Act the State Transport Authority, Rajasthan resolves that with effect from the date of the publication of this resolution in the official Gazette, (1) The State Transport Authority shall hereinafter grant all types of permits, renewals, transfers etc. on inter-regional and inter-statal routes. In respect of these routes State Transport Authority shall perform all the duties hitherto being performed by the Regional Transport Authority; (2) All types of permits on inter-statal routes shall be countersigned by the State Transport Authority."
(3.) Relying principally on the above resolution the Regional Transport Authority. Jaipur, declined to consider the respondent's application, which it is admitted, was for an inter regional and inter-State route.;


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