JUDGMENT :

1. This writ petition has been filed for quashing the order dated 11.7.2022 passed by the learned State Transport Appellate Tribunal, Jaipur (for brevity-’the STAT’) whereby, the Appeal No.4/2022 preferred by the petitioner against the order dated 13.6.2022 passed by the Regional Transport Officer, Alwar, declining request of the petitioner to countersign the permit No.IS/Alwar/2 route Delhi to Alwar, has been dismissed.

2. The necessary facts leading to the present writ petition are that the petitioner is a Transport Operator and was issued a permit No.IS/Alwar/2 route Delhi to Alwar via Haryana initially in the year 1944 which was renewed from time to time and was countersigned by the Transport Department, Government of Rajasthan, valid till 8.12.2008. An agreement entered amongst the States of Rajasthan, Haryana, Uttar Pradesh and Delhi NCR and published under Section 88(5) of the Motor Vehicles Act, 1988 (for brevity-’the Act of 1988’) vide Rajasthan gazette notification dated 1.12.2021, provided for countersignature by the State of Rajasthan on two permits for the Stage Carriage Buses issued by the Delhi NCR on the Delhi-Alwar via Haryana route. The subject permit issued to the petitioner was validated from 12.12.2018 to 11.12.2023 by the Government of NCT, Delhi which was requested by the petitioner to be countersigned by the State of Rajasthan under its obligation as per the gazette notification dated 1.12.2021; but, the respondent, vide its letter dated 31.1.2022, refused to countersign the same on the premise that it was issued prior to publication of gazette notification dated 1.12.2021. The refusal was despite recommendation of the Transport Authority, Delhi to countersign the permit till its validity as also the letter dated 25.4.2022 issued by the Secretary (STA)/Special Commissioner, Government of NCT of Delhi stating therein that the subject permit may be treated as issued from the date of dispatch of the letter, i.e., after issuance of the gazette notification. An appeal preferred thereagainst by the petitioner has been dismissed by the learned STAT vide its judgement dated 11.7.2022, subject matter of challenge. Relying upon the Note appended to Annexure “B” (B1), it is claimed that the permit issued by the State of Delhi prior to publication of the gazette notification was to be treated as valid permit for the purpose of countersignature. It is, therefore, prayed in the writ petition that the judgement dated 11.7.2022 be quashed and set aside and the respondents may be directed to countersign the permit issued by the Government of NCT in petitioner’s favour.

3. The respondents have, in their reply, stated that since there exists no clause in the agreement dated 31.8.2021 published in the State gazette on 1.12.2021 which was executed superseding all the previous agreements, to consider the permit issued earlier as part of the agreement, the subject permit issued to the petitioner valid for the period from 12.12.2018 dated 11.12.2023, was not countersigned. It is further stated that the subject permit is issued for the route Delhi to Alwar under Annexure-A1 of the agreement which is not suffixed with a note that a permit issued prior to the agreement will be its part and hence, they have rightly refused to countersign the same. It is, therefore, prayed that the writ petition be dismissed.

4. The respondents in their additional affidavit dated 3.8.2022 filed through Shri Kanhaiya Lal Swami, the Commissioner, Transport and Road Safety Department, Government of Rajasthan, stated that the agreement amongst the States of Delhi and Rajasthan, Delhi and Uttar Pradesh, Delhi and Haryana, Rajasthan and Uttar Pradesh, Rajasthan and Haryana and Uttar Pradesh and Haryana is as per Annexures A to F of the said agreement and each Annexure is applicable qua the respective two States mentioned in the agreement for the route or its portion. As per Annexure-A of the earlier transport agreement of the year 2010 execute