MAHENDRA KUMAR AND ORS. Vs. STAT, RAJASTHAN AND ORS.
LAWS(RAJ)-2015-9-140
HIGH COURT OF RAJASTHAN
Decided on
September 14,2015
Mahendra Kumar And Ors.
Appellant
VERSUS
Stat, Rajasthan And Ors.
Respondents
JUDGEMENT
Kanwaljit Singh Ahluwalia, J. -
(1.) By this common order, five writ petitions bearing S.B. Civil Writ Petition No. 13502/2015, Mahendra Kumar v/s. STAT, Rajasthan & Ors., S.B. Civil Writ Petition No. 13503/2015, Vishnu Kumar v/s. STAT, Rajasthan & Ors., S.B. Civil Writ Petition No. 13504/2015, Meer Singh v/s. STAT, Rajasthan & Ors., S.B. Civil Writ Petition No. 13505/2015, Vijay Kumar Sharma v/s. STAT, Rajasthan & Ors. and S.B. Civil Writ Petition No. 13508/2015 Bir Singh v/s. STAT, Rajasthan & Ors., shall be decided together.
(2.) In the present writ petitions order dated 9.9.2015 passed by the State Transport Appellate Tribunal, Rajasthan (hereinafter referred to as the 'STAT') has been assailed. The STAT in appeal No. 151/2009, titled Smt. Santaro Devi v/s. Regional Transport Authority, Sikar & Ors., and other connected appeals, remitted the matter back to the Regional Transport Authority, Sikar (hereinafter called, 'RTA') to give fresh consideration to all the appellants for grant of permit qua route from Rajgarh to Hissar via Jhuppa.
(3.) It is pleaded in the writ petitions that the State of Rajasthan and Haryana after formulating reciprocal transport agreement fixed the number of permits to be counter signed in terms of the provisions of Sec. 88 of the Motor Vehicles Act, 1988. It is further averred that in the year 2008, State of Rajasthan and Haryana finalized routes between the two States and same were published on 12.9.2008 in accordance with Rule 88(6) of the Act in the Rajasthan Gazette. In respect of Serial No. 64 in the gazette, which specified route from Rajgarh to Hissar via Jhuppa, applications were invited for twenty single trips to be operated i.e. of ten permits which included ten return trips. It is further pleaded that the length of route was 70 km. Out of which 22 km. falls in State of Rajasthan and 48 km. form part in the State of Haryana. Since on the date of the agreement, five permits were already in existence, the available vacancies were for five permits, to ply ten single trips which amount to five return trips.;
(2.) In the present writ petitions order dated 9.9.2015 passed by the State Transport Appellate Tribunal, Rajasthan (hereinafter referred to as the 'STAT') has been assailed. The STAT in appeal No. 151/2009, titled Smt. Santaro Devi v/s. Regional Transport Authority, Sikar & Ors., and other connected appeals, remitted the matter back to the Regional Transport Authority, Sikar (hereinafter called, 'RTA') to give fresh consideration to all the appellants for grant of permit qua route from Rajgarh to Hissar via Jhuppa.
(3.) It is pleaded in the writ petitions that the State of Rajasthan and Haryana after formulating reciprocal transport agreement fixed the number of permits to be counter signed in terms of the provisions of Sec. 88 of the Motor Vehicles Act, 1988. It is further averred that in the year 2008, State of Rajasthan and Haryana finalized routes between the two States and same were published on 12.9.2008 in accordance with Rule 88(6) of the Act in the Rajasthan Gazette. In respect of Serial No. 64 in the gazette, which specified route from Rajgarh to Hissar via Jhuppa, applications were invited for twenty single trips to be operated i.e. of ten permits which included ten return trips. It is further pleaded that the length of route was 70 km. Out of which 22 km. falls in State of Rajasthan and 48 km. form part in the State of Haryana. Since on the date of the agreement, five permits were already in existence, the available vacancies were for five permits, to ply ten single trips which amount to five return trips.;
Copyright © Regent Computronics Pvt.Ltd.