JUDGEMENT
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(1.) THE Secretary, Regional Transport Authority, Bikaner,
vide press note dated 12.08.2013 invited applications for grant
of permit relating to inter-state routes referred in Annex.A1 and
Annex.B1 of the inter-state agreement between the State of
Rajasthan and the State of Punjab. The notification aforesaid
was published in "Rajasthan Patrika" daily newspaper edition
dated 18.08.2013. As per the notification aforesaid, the last
date for submitting applications in prescribed proforma was
26.08.2013 upto 06.00 p.m.
(2.) THE grievance of the petitioner is that no last date could have been provided for submitting the application to have
permit. It is submitted that as per Section 80 of the Motor
Vehicle Act, 1988 (for short, hereinafter referred to as 'the Act of
1988'), an application for a permit of any kind can be made at any time, as such, prescription of time is bad. It is further
submitted that as a matter of fact, there was no need to issue
press note in view of Rule 5.6 (4) of the Rajasthan Motor Vehicle
Rules, 1990 (for short, hereinafter referred to as 'the Rules of
1990').
Per contra, it is urged by Dr. Pratishtha Dave, learned counsel appearing for the respondents, that the Regional
Transport Authority is considering all the applications for having
permit on the routes referred in Annex.A1 and Annex.B1
submitted in pursuant to the press note dated 12.08.2013 and
also the applications submitted prior to that as per the Rules of
1990. The petitioner could have submitted her application prior to 26.08.2013.
(3.) IT is asserted that Section 80 of the Act of 1988 provides that an application for a permit of any kind may be
made at any time, but it does not postulates that the application
so submitted must be considered in the next meeting of the
Regional Transport Authority. The Regional Transport Authority
is competent to settle a date fixed for considering the
applications submitted to it. In the instant case, the date fixed is
26.08.2013 and that is having universal application, as such, objectivity and fairness is apparent.;
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