GOPAL KRISHAN VYAS, J. - (1.) THIS writ petition has been filed by the Rajasthan State Road Transport Corporation (hereinafter, to be called 'the Corporation') challenging the order passed by the State Transport Appellate Tribunal, Rajasthan, Jaipur (hereinafter, 'the Tribunal') dt. 15.10.2003 (Annex. -4) and for restoring the resolution of the Regional Transport Authority dt. 21.03.2002 whereby the RTA, after coming into force of the agreement dt. 18.07.2001, fixed the route in question reserved for the Corporation, therefore, the Corporation applied for grant of 4 permits to operate 8 single trips to the RTA, Chittorgarh. After considering the matter in its entirety the RTA was pleased to grant 4 permits to operate 8 single trips in favour of the Corporation vide resolution dt. 21.03.2002 for Chambal Dam -Begun route.
(2.) RESPONDENTS No. 3 and 4 preferred a revision petition against the said resolution dt. 21.03.2002 before the Tribunal after lapse of more than one year. Alongwith the revision petition an application for condo nation of delay was also filed. Finally, the Tribunal allowed the revision petition vide judgment dt. 15.10.2003 and the permits granted in favour of the Corporation have been set -aside. Learned Counsel for the Corporation argued that the judgment passed by the Tribunal is erroneous because the learned Tribunal has not examined the factual and legal position, therefore, the order is illegal and may be quashed. It is further argued that the agreement entered in between the State of Rajasthan and State of Madhya Pradesh supersedes all earlier agreements entered into between the parties and the route for private operators and State Transport Corporation have been separately classified in Annexures -A and B, respectively. It is further submitted that according to agreement the permits were to be allotted to the nominee of the State of Rajasthan upon route in question and there was no occasion for the Tribunal to interfere with the resolution dt. 21.03.2002. Learned Counsel for the petitioner also invited attention of this Court towards Clause 4(v) of the agreement dt. 18.07.2002 in which the permits countersigned prior to the agreement shall be valid till the validity fixed therein, therefore, the permits granted earlier were to continue till the expiry of the same after coming into force of the new agreement. But, this condition cannot restrict the rights of the Corporation for obtaining the permits in respect of routes reserved for the Corporation as the terms of the agreement. It is, therefore, prayed that the Tribunal has committed an error apparent while holding that there was no vacancy available on the route in question, therefore, no permit can be granted by the RTA in favour of the Corporation. Learned Counsel for the Corporation prayed for quashing order Annex. -4.
(3.) ON the other hand, learned Counsel for respondents No. 3 and 4 while filing reply to the writ petition contended that the impugned Chambal Dam -Begun route was non -notified route; but, by mistake it was shown to be notified route and now this mistake has been rectified by induction of supplementary agreement dt. 17.07.2003 of the two States which was published in Rashtra Rang and it was agreed to transfer the impugned route mentioned at S.No. 11 Chambal Dam -Begun via Ratangarh from Annex. -B to A. He has placed on record copy of the Rajasthan Gazette dt. 17.07.2003 and prayed that writ petition may be dismissed as having become infructuous. It is also prayed that after issuance of the notification dt. 17.07.2003 and 24.12.2003 it will be deemed that these notifications are having effect from the date of issuance of the earlier notification dt. 18.07.2001 because vide notification dt. 17.07.2003 only mistake was sought to be rectified. It is, therefore, contended that now the writ petition has become infructuous.;