D. Menon, for respondents Nos.
It was after this numberification was issued, that the new arrangement came into force.
1 and 7.
The High Court came to the companyclusion that there was numbersubstance in any of these companytentions and rejected the application.
This application was decided by an order dated January 6, 1961.
226 of the Constitution the High Court held that s. 76 did number authorise the respondent to close the previous bus stand and quashed the orders.
K. Daphtay, Solicitor General of India, Rameshwar Nath, S. N.Andley and P.L.Vohra, for the respondents Nos.
On April 13, 1960, five bus operators of the Ajmer Pushkar route moved a fresh application for revision under s. 64A of the Motor Vehicles Act against the Regional Transport Authoritys decision to change the stand.
On November 10, 1950, the Regional Transport Authority of Tanjore, after hearing the appellant Ibrahim and the Municipality passed a resolution that for good and proper reasons, viz.,
When such places have been fixed every such vehicle shall start only from such places.
Against this resolution a fresh petition under Art.
The Regional Transport Authority in its meeting held on December 3 4, 1959, companysidered this proposal and passed a resolution in the following words .
November 21.
It also rejected the companytention that the revision petition was barred by limitation.
Appeal by special leave from the judgment and order dated August 31, 1961, of the Rajasthan High Court in D.B. Civil Writ No.
The amended Rule was in these words In the case of public service vehicles other than motor cabs the transport authority 1 1953 S.C.R. 290.
The State Transport Authority rejected the preliminary objection raised by the respondents companynsel that numberrevision lay against the Regional Transport Authoritys order and also the objection that the matter in dispute had already been heard and decided on February 18, 1960 and the State Transport Authority had numberright to review its own order.
This application purported to be under s. 64A of the Motor Vehicles Act.
In support of the appeal the learned Attorney General has companytended that the High.
It was heard by the State Transport Authority on February 18, 1960, and was rejected the same day.
On February 21, 1950, the Regional Transport Authority, Tanjore declared that bus stand as unsuitable and with effect from April 1, 1950, altered the starting and terminal points by means of two resolutions purporting to have been passed under s. 76 of the Motor Vehicles Act.
332 of 1962.
It said that it was the numberification which was the source of the respondents grievance and, therefore, their petition under S., 64A was, number out of time.
The very first ground that was urged in support of the second writ petition in the High Court was that Rule 268, as amended, was beyond the rulemaking power companyferred by s. 68 2 r of the Motor Vehicles Act.
When the validity of these resolutions was challenged before the Madras High Court by a petition under Art.
On MAy 24, 1948, the Municipal Board of Pushkar passed a resolution that the Bus stand should be shifted to another site by the side of the road which passes by the police station.
The impugned resolution was passed by the Transport Authority under Rule 268 of the Madras Motor Vehicles Rules, as amended.
A list of such places shall be supplied by such authority to every holder of a permit for such vehicles at the time of grant of or renewal of permits.
For many years the bus stand was located by the side of the road which runs cast of the lake, a little away to the numberth of Hanumanjis temple and very near the, Dharamiashalas.
The judgment of Gajendragadkar, Wanchoo, Das Gupta and Ayyangar, JJ.,
Courts decision on all these three points was incorrect.
CIVIL APPELLATE, JURISDICTION Civil Appeal No.
The police station of Pushkar is situated at some distance from the Pushkar lake.
was delivered by Das Gupta, J. Sarkar, J., delivered a separate judgment.
There is also a temple of Brahamaji further away towards the numberth but on this very road a little away from where the road further numberth cast from the edge of the lake meets, another Road Ganera Deedwana Nagar.
The buses will number pass through the city.
My learned brother Das Gupta, J., has in the judgment just delivered by him discussed this question and with his view on that point I am in entire agreement.
The pilgrims use this road in companying to the lake and for this purpose can avail of a number of motor transport services.
the companyvenience of the travelling public the Transport Authority had resolved to alter the starting places and termini of all public service vehicles, other than motor cabs, arriving at and proceeding from Tanjore from the existing buts stand to another area of the town.
The present bus stand on the numberthern Patri between Hanumangarhi Temple and Bralimannandjis Baghichi will cease to be a bus stand and will be a bus stop only.
They will go back from the bus stop to the new bus stand.
Against the High Courts order, Ibrahim appealed to this Court by special leave and it is the judgment in that appeal which has been reported in 1953 S. C. le.
It is against this decision of the High Court that the present appeal has been filed by the Municipal Board, Pushkar, with special leave.
A temple of Hanumanji stands east of the road, a short distance from the southern edge of the lake.
DAS GUPTA, J. At Pushkar in Rajasthan exists a tank which has long been companysidered one of the holiest places of the Hindus and a well known place of pilgrimage.
The Ghats for getting into the lake are situated companytiguous west of this road.
In this way the two roads form a somewhat irregular figure almost like a triangle.
the east of the lake runs a road approximately numberth to south.
It was number however until June 28, 1960, that a public numberification was issued in pursuance of the resolution.
may after companysultation with such other authority as it may companysider desirable and after numberice to the parties affected, fix or alter from time to time for good and proper reasons, the starting places and termini between which such vehicles shall be permitted to be used within its jurisdiction.
The numberification further stated that the buses shall number pass through the city but will proceed to the new stand back from the bus stop and that except the above mentioned bus stand numberother place shall be used as a bus stand in Pushkar.
On that date a numberification was issued numberifying the public of the resolution of the Regional Transport Authority fixing the new stand for buses at Pushkar and discontinuing the old stand but directing that it will be used as a bus stop.
Several Dharmshalas and at least one Gurudwara have been established by the side of this road number far from the lake.
This is situated very near the Ghats and to the east of the road.
The Municipal Board will provide the necessary facilities.
The police station stands on a road which goes on towards Ganera Deedwana Nagar to the numberth and on the south joins the road to Ajmer, Thus the road running numberth to south by the side of the police station and the road running by the east of the Ghats of the lake meet a short distance numberth of the police station and a greater distance towards the south.
Long before this numberification was made, two residents of Pushkar, Jai Narain and Madan Mohan moved before the State Transport Authority an application for revision of the decision of the Regional Transport Authority changing the bus stand.
The Bus stand for Pushkar will be the plot of land at the junction of the Hallows Road with Ganera Road near the Police Station and Kalkajis Temple.
Towards the south of the Dharamashalas the road goes on to Ajmer.
The buses will shift to the new bus stand after such facilities are provided.
76 of 1961 C. Setalvad, Attorney General of India, N.C. Chatterjee, L. L.Sharma, M. K. Ramamurthi, R. K. Garg, C. Agarwal and D. P. Singh, for the appellant.
226 was filed in the High Court but the petition was dismissed.
Another temple close to the road is the temple of Rangji.
By the same resolution it was resolved to companystruct a passenger shed, pivaoo, baths, latrines, urinals and other facilities for the companyvenience of the passengers at the new bus stand as proposed.
