DHARAM CHAND Vs. S T A T
LAWS(RAJ)-1996-7-20
HIGH COURT OF RAJASTHAN
Decided on July 02,1996

DHARAM CHAND Appellant
VERSUS
S T A T Respondents

JUDGEMENT

R.R.YADEV, J. - (1.) PETITIONER by filling the instant writ petition questions the impugned order dated 23.4.96 (Annx.3) passed by the State Transport Appellate Authority, Rajasthan, Jaipur in exercise of its powers under Section 90 of the Motor Vehicles Act, 1988.
(2.) BRIEF facts leading upto the stage of filing the instant writ petition are that the Regional Transport Authority, Ajmer vide its order dated 12.12.95 (Annx.l) resolved to open a new route from Mohanpura to Kalbelia via Mandalgarh. The petitioner applied for grant of permit which was granted to her by the Regional Transport Authority, Ajmer on the same day i.e. 12.12.1995. It is alleged that respondent No. 3 was a permit -holder on Mohanpura to Baneda via Mandalgarh route submitted a revision petition under Section 90 of the Motor Vehicles Act, 1988 before respondent No. 1 -State Transport Appellate Tribunal, Rajasthan, Jaipur on the ground inter alia that since her route over -lapped by the Impugned opening of a new route from Mohanpura to Mandalgarh, hence, she was an aggrieved person and secondly, under Clause (ca) of Sub -section (3) of Section 68, the Regional Transport Authority has no jurisdiction to open the new route in question.
(3.) RESPONDENT No. 1,.after hearing both the parties quashed the opening of new route in question by the R.T.A. as well as permit granted to him in favour of the petitioner vide its order dated 23.4.96 (Annx.3) to the writ petition.;


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