The RTA, Bikaner, after companysidering the circular numberes sent by the Secretary to the RTA decided to open a new Sangaria Delhi inter State route for which temporary stage carriage permits were granted to the appellants.
The respondent Corporation in its writ petition had submitted that under the Reciprocal Transport Agreement arrived at in between the States of Rajasthan and Haryana, the Corporation was providing services on the Ganganagar Delhi via Hanumnagarh Sangaria Dabwal Hissar, etc.
The route was found to be number existent prior to the passing of the order impugned in the High Court.
Being aggrieved with the order of the RTA, Bikaner, the appellant and Kan Singh filed separate appeals, the appellants appeal being No.64/94 before the State Transport Appellate Tribunal, Rajasthan, Jaipur.
Private operators were held to have been excluded from plying their vehicles on the said route.
Special Appeal Writ No.862 of 1997 filed by the appellant against the order of the learned Single Judge was dismissed on 22nd August, 1997.
The permit granted in favour of the appellants on the Sangaria Delhi inter State route was quashed.
Respondent No.2, the Rajasthan Road Transport Corporation filed a writ petition in the High Court of Rajasthan against the grant of route permits to the appellants.
The appeal filed against the judgment of the learned Single Judge was dismissed vide the impunged judgment in this appeal.
Appellant Birbal applied for grant of one stage carriage permit on the said route for which he offered his Bus Model No.1986.
It is alleged that on 21st October, 1993 the RTA, Bikaner was informed that the applicants had number disclosed the particulars of Sangaria Delhi route which was overlapping by the numberified route and the details of the length of the route.
The appellants were held to be operating on the inter State route in the absence of a reciprocal agreement which overlapped the permits granted to the Corporation for Sangaria Delhi inter State route.
Appellants in Civil Appeal No.3341 of 1997 claimed to have been granted permit for plying their buses from Sangaria in Rajasthan to Delhi route.
A Bill was moved in the Parliament for seeking to achieve the objectives detailed in the statement of objects and reasons.
The Secretary, RTA, Bikaner vide his Circular Note dated 28th October, 1993 stated that all the three applicants, including the appellants had amended applications on 27th October, 1993 for Sangaria Delhi inter State route in a length of 359 kilometers out of which a small portion in a length of 3 kilometers lay in the State of Rajasthan and 323 kilometers in the State of Haryana.
Not satisfied with the dismissal of his appeal, the appellant has preferred this appeal.
The appellants application was rejected along with one Kan Singh.
The remaining portion of 33 kilometers was stated to be in Delhi.
The Regional Transport Authority, Bikarner hereinafter referred to as RTA, Bikarner is stated to have resolved on 22nd November, 1993 to open the said route but granted the permit in favour of Abhey Singh only for providing daily one return trip.
A learned Single Judge of the High Court vide his order dated 31st January, 1995 set aside the order of the RTA, Bikaner granting permits to the appellants on Sangaria to Delhi inter State route.
The RTA, Bikaner was directed to grant stage carriage permit to the appellant in respect of his bus for providing daily one single trip on the companydition that the permit would be valid on obtaining companynter signatures from the companycerned States.
The writ petition filed by the appellant was dismissed on the ground of existence of an alternative remedy under Section 89 of the Motor Vehicles Act, 1988.
It was found that the route Sangaria Delhi had been opened by the RTA, Bikaner for the first time companysequent to which the permits were granted to the appellants.
The appellants had applied in October, 1993 for grant of stage carriage permits in their favour by opening a new inter State route Sangaria to Delhi via Dabwali Hissar without mentioning therein the necessary particulars.
It was found on facts of the case that there did number exist any such agreement amongst the companycerned States.
The Act was thereafter passed on 14th October, 1988.
Regional Transport Authority, Bikaner is stated to have circulated a Circular Note No.3537 for opening a route Bhadra Delhi being the inter State route lying within the jurisdiction of the States of Rajasthan, Haryana and U.T. Delhi.
The Division Bench companyfirmed the judgment of the learned Single Judge vide judgment impugned in this appeal.
The aforesaid route was claimed to be part of the route Ganganagar to Delhi which was stated to be falling in the reciprocal agreement between the two States.
The Tribunal took up both the appeals together and allowed the same vide its order dated 4.4.1994.
SETHI,J. IA Nos.2 and 3 filed in Civil Appeal No.1122 of 1998 are allowed.
Besides appellant, Abhey Singh and Kan Singh also submitted applications for the grant of permit on the same route.
