KESHOTE, J. - (1.) HEARD learned counsel for the petitioner.
(2.) THE petitioner is praying for quashing and setting aside the tender notice dated 20. 12. 2000 issued by the Rajasthan State Road Transport Corporation (hereinafter, referred as `rsrtc' ). The next prayer made is to restrain the RSRTC to allot new Keyosks to the new applicants in the same locality i. e. Ward No. 26 Sector in which such Keyosk has already been allotted by it earlier in favour of the petitioner by the joint efforts of the State Rajcomp and RSRTC. The third prayer made is to restrain the RSRTC from entering into any agreement with any other applicant during the period in which agreement between the petitioner and RSRTC remains in force for the locality in question i. e. Malviya Nagar, Sector 3. The fourth prayer made is to restrain the RSRTC to issue any fresh permission letter in the name of any new person in the same locality of Malviya Nagar in terms of said tender notice dated 20. 12. 2000 till pending disposal of this petition. I do not find any merits in this matter. The State Government created public facility with the joint efforts of Rajcomp and RSRTC, Jaipur and establish Keyosks in the name of Rajnidhi Computerised Booths (Keyosks) so as to provide the facility to the travelling public to purchase the tickets to travel in the buses of the RSRTC. For this an agreement has been entered into between the petitioner and the RSRTC on 1. 05. 2000. The petitioner has given the Keyosk (Rajnidhi Computerised Booths) in the Malviya Nagar Sector.
(3.) NOW under the impugned tender notice the application has been invited from other persons to give the Keyosks on contract including the area Malviya Nagar. The terms and conditions of this agreement under which the Keyosk has been taken by the petitioner from the RSRTC are binding upon him. Learned counsel for the petitioner has failed to point out any condition under the agreement dated 1. 5. 2000 where it is agreed upon between the parties that in the area where the Keyosk has been given to the petitioner the RSRTC cannot give the Keyosks to other persons. When this is not the terms of the agreement I failed to see how it is permissible to the petitioner to pray for such a relief as prayed for in the petition. The petitioner is bound by this agreement. It is a contractual matter and when this contract nowhere prohibits or restrain the RSRTC from giving the Keyosks to other persons in the same locality where the petitioner is operating, no mandamus otherwise can be issued. There is another ground on which this petition deserves to be dismissed. In the agreement there is a specific condition for resolving the dispute between the parties arising therefrom by the arbitrator named therein. So otherwise also in this matter in view of this condition of the agreement, this petition cannot be entertained by the Court. ;