D.P. Gupta, J. - (1.) The facts of this ease are simple & few. The petitioner is an existing operator of Jaipur-Dholpur vis Ramgarh, Andhi, Borunda Bandh and Dausa route (hereinafter culled 'the route') and plying his vehicle on the route on a non-temporary stage carriage permit which is valid upto January 2, 1977. In July this year, on account of heavy rains and unprecedented discharge of water from the Ramgarh Bandh, the petitioner felt that it was not physically possible to ply his vehicle on the route. On July 21, 1975 the petitioner and other operators of his routs submitted an application to the Regional Transport Authority Jaipur Region, Jaipur (hereinafter called 'the RTA.') praying that they may be allowed to ply their vehicles from Jaipur to Dausa via Kanota and Bassi instead of via Ramgarh, Andhi and Borunda Bandh, so that there may be no dislocation of the service rendered by the petitioner and other operators of his route.
(2.) The R.T.A. by this order dated July 21, 1375 allowed the aforesaid application and permitted the petitioner and other operators of his route to ply their vehicles from Jaipur to Dausa via Kanota and Bassi, subject to the condition that such diversion would be allowed to them till such time as Ramgarh Bandh continued to stand in danger and till the plying of vehicle on the route was no physically possible due to a portion of the name being submerged in water on account of excessive discharge of water from the Ramgarh Bandh. It appears that on the next day, it was realised by the R.T.A. that the route from Jaipur to Dausa via Kanota and Bassi routes from Jaipur to Bassi was part of the notified Sharanpur and Jaipur to Sainthal and, therefore, by a later order passed on July 2, 1975 the R.T.A. modified its order of July 21, 1975 to the extent that the petitioner and other operators of his route were directed not to pick up or drop passengers between Jaipur and Dausa on the notified portion of the route, the operators of Dausa Gangapur route, when they came to know about the grant of the aforesaid diversion to the petitioner and his co operators, submitted objections before the R.T.A. and requested that the aforesaid permission granted to the petitioner and other operators of the route be cancelled The R.T.A. thereupon after giving notice to the petitioner and other operators of his route and after hearing them and the objectors namely, the operators of Dausa-Ganeapur route, by its order dated July 24, 1975 cancelled its earlier order dated July 21, 1975 The reasons which prevailed with the R.T.A, for cancelling the permission earlier granted by it were two fold, firstly that the provisions of Section 42(3)(m) of the Motor Vehicles Act (hereinafter referred to as 'the Act') could not be employed for the purpose of granting a temporary diversion to the petitioner and other operators of his rent for plying regular bus service from Jaipur to Dausa via Kapota and Bassi, and secondly that a temporary diversion of such a nature could not be allowed for plying buses on a portion of the notified route, inasmuch as an approved scheme of complete exclusion, in respect of Jaipur Sainthal route, which included the portion from Jaipur to Dausa via Kanota and Bassi has already been notified long ago.
(3.) The petitioner thereupon filed an appeal before the State Transport Appellate Tribunal, Rajasthan, Jaipur, (hereinafter referred to as 'the Tribunal') against the aforesaid order of the R.T.A dated July 24, 1975 However, the Tribunal held that an appeal was not maintainable against the said order of the R.T.A., yet the Tribunal treated the appeal filed by the petitioner before it as an application for revision under Section 64A of the Act, but on merits, it agreed with the view taken by the R.T.A &, therefore, by its order dated August 25, 1975 dismissed the appeal filed by the petitioner, in its revisional jurisdiction. The petitioner has come up to this Court by means of a writ petition under Article 228 of the Constitution, challenging the order of the R.T.A. dated July 24, 1975 and of the Tribunal dated August 25, 1975.;