- (1.) The abovenoted writ petitions have been preferred before this Court by the petitioners who have both challenged the order dated 14-7-1993 passed by the Rajasthan State Appellate Tribunal, Jaipur-respondent No. 1 (hereinafter referred to as "the STAT") in Revision Petition No. STAT (125/93) and Revision Petition No. STAT (151/93) whereby, a non-temporary stage carriage permit granted in favour of the petitioners by the Regional Transport Authority, Jaipur Region, Jaipur-respondent No. 2 (hereinafter referred to as "the Authority") for the route Neem-ka-thana to Bhiwari was quashed and set aside. Since the petitioners in both the writ petitions have challenged the operation and effect of the common order dated 14-7-1993 passed by the STAT and in view of the identical question of law being involved for consideration of this Court, the same are being dealt with and disposed of by this common order. For the sake of convenience and ready reference, I deem it appropriate to refer to the facts stated in S.B. Civil Writ Petition No. 6535/93 and which shall be treated as a main case.
(2.) The facts giving rise to the filing of these Writ Petitions briefly stated are that the Authority has been vested with power to open routes and grant permits to ply the heavy vehicles including passenger carriage transport and in exercise of its powers introduced a new route for plying of the passenger vehicles by the transport operators between Neem-ka-thana to Bhiwari via Mavanda, Sihod, Mehada, Nijampur, Narnol, Ateli, Kund, Rewari, Hasaka and Daruheda which is 139 Kms. in length and 'A' Class in nature. The said route was opened by the Authority vide order dated 24-12-1992.
(3.) The aforesaid route in question is a inter-State route which traverses from the State of Rajasthan to the State of Haryana and other State territories within the Rajasthan. Though, the starting point and terminus point are situated in the State of Rajasthan but the touching point within the boundaries of State of Haryana exceeds 16 Kms. in stretch. Hence, as per the rules consent of the State of Haryana is equally necessary under the rules before the petitioners are permitted to ply their vehicles between two States i.e. the Rajasthan and Haryana. It has been contended by the petitioners that as on 24-12-1992 in furtherance of opening of the new route as aforesaid, the Authority granted non-temporary stage carriage permits in favour of one Jagmal Singh and other who had also applied for the inter-State carriage permit for the new route as aforesaid. The petitioners who owned vehicles being desirous of plying their vehicles in the aforesaid newly introduced inter-State carriage route applied for non-temporary stage carriage permit by moving an application in the office of Authority on 22-1-93 for plying their vehicles on daily trip in the said route. Simultaneously, the petitioners also moved an application to the Authority whereby they had requested the Authority for calling of Circulation Note. The Authority accordingly called for the Circulation Note vide an order dated 22-1-93 and in pursuance thereof the Secretary, Regional Transport Authority prepared a Note dated 27-1-1993 and sent the same for consideration before the Authority at Jaipur. The matter was taken up for consideration on 15-2-1993 and after giving hearing to the learned counsel for the petitioners and also some objectors, granted non-temporary stage carriage permits to the petitioners for the route in question for the period of 5 years. The petitioners duly obtained the permits from the authority thereafter, applied for grant of counter-signatures of the State of Haryana so as to enable them to ply their vehicles on the aforesaid route.;