Sangeet Lodha, J. - (1.) BY way of these writ petitions, the petitioners have questioned the process initiated by the respondent -Rajasthan State Road Transport Corporation (RSRTC) by issuing Notice Inviting Tender (NIT) afresh, for allotment of disputed shops situated at Bus Stand, Nagaur occupied by the petitioners under the license issued in their favour.
(2.) LEARNED counsels appearing for the RSRTC have raised a preliminary objection questioning the maintainability of the petitions on the ground that in terms of clause 37 of the License issued in favour of the petitioners, all disputes in relation to the license and the interpretation of the terms and conditions incorporated therein are required to be referred for sole arbitration to the Chairman, RSRTC or the officer authorised by him and therefore, the petitioners cannot be permitted to invoke the extra ordinary jurisdiction of this court under Article 226 of the Constitution of India. Learned counsel submitted that the period of the petitioners' licenses having been expired, the petitioners have no right to retain possession of the premises. Learned counsel appearing for the petitioners submitted that in view of the arbitration clause contained in the license issued in favour of the petitioners, the dispute may be referred for adjudication to the Sole Arbitrator but then, pending adjudication of the dispute by the Sole Arbitrator, the interim order passed by this court directing the respondents to maintain the status quo in respect of the disputed shops may be continued.
(3.) THE limited prayer made on behalf of the petitioners as aforesaid is not opposed by the counsels appearing on behalf of the respondent -RSRTC.;