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1992 Supreme(Raj) 372

M.C.JAIN, Y.R.MEENA
Regional Transport Authority, Jodhpur Region – Appellant
Versus
Sita Ram (162) – Respondent


Advocates Appeared:
L.S. Udawat and K.L. Jasmatia Addl. Advocate General R.N. Munshi, R.R. Vyas, B.L. Maheshwari & R.K.. Purohit, for Respondents

Honble M.C. JAIN, J. — The above noted special appeals and special appeals mentioned in the enclosed schedule are against the common order dated February 7, 1991 and subsequent orders passed on different dates in other writ petitions on the basis of this common order. This common order is reported as Chandmal v. State Transport Appellate Tribunal (1). By this order, the learned Single Judge has held that the pre-emptory conditions including model condition of vehicles which are contrary to the provisions of the Motor Vehicles Act, 1988 (hereinafter called the new Act) and Rajasthan Motor Vehicles Rules, 1990 (herein after called the New Rules) shall stand automatically set aside.

2. Relevant facts may be summarised thus. Certain petitioner-respondents were existing operators and they applied for the renewal of their non-temporary stage carriage permits under which they were plying their vehicles. Other petitioner-respondents applied for non-temporary stage carriage permit for the first time after coming into force of the New Act. Existing permits were renewed and new permits were granted by the Regional Transport Authorities imposing pre-emptory condition for replacing their vehicle




























































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