NIRMALJIT KAUR,J. - (1.) All the above-mentioned writ petitions shall stand decided by this common order as the issue involved is identical.
(2.) The facts are taken from CWP No.6160/2017.
(3.) The present writ petition has been preferred against the impugned order dated 3.4.2017 and the consequential order dated 20.04.2017 vide which the VGF amount liable to be paid in terms of the Scheme was discontinued without giving any notice and without complying with the terms of Article 10.4 of the agreement. A scheme was introduced as a pilot scheme for rural connectivity in the Budget Session 2011-12 known as Gramin Parivahan Sewa Yojna. The object of the scheme is to provide for operation of privately owned stage carriage services on financing, procurement, own operation and management of Buses on specified Cluster (group of routes) in Rural areas of Rajasthan, connecting all village Panchayats to Tehsil headquarter, district headquarters, Krishi Upaj Mandies, educational institutions, hospitals, industrial areas, bus terminals and railway stations etc. to the extent possible. As per the scheme, the RSRTC was to grant authorization to the preferred bidder for a maximum period of 6 years to provide bus services in a Cluster, use the road infrastructures, bus stops terminals and other assistance as may be available with RSRTC in the region. As per article 1.1 of the agreement, petitioner has to provide the buses for a period of 6 years or coverage of 7 lac kms whichever is earlier. It is further provided that the petitioner shall receive Viability Gap of Rs.8.50 and 8.00 km from RSRTC as per terms and conditions of the RFP and the agreement. As per article 3.1 (f) of the agreement, the amount of Viability Gap shall be paid by the RSRTC as per clause 7(2) of the agreement. As per article 7.2.1, the amount of daily Viability Gap quoted by the operator on the basis of the rate per kilometer for a cluster shall be paid to the operator by the RSRTC as per the table given in the said article. After execution of the agreement between the petitioner and the respondents, a letter was issued by the respondents on 28.04.2014 to operate the buses for cluster No.6 to the petitioner. As per the said order, the petitioner started to run the buses for the cluster No.6 as per the terms and conditions laid down between the parties by way of agreement annex.P/2. Suddenly, the respondent No.1 issued an order dated 3.4.2017 discontinuing to pay the VGF amount w.e.f. 31.03.2017. The present writ petition has been filed being aggrieved with the said order. ;