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2007 Supreme(Raj) 1156
(Rajasthan High Court)
Honble PRAKASH TATIA, J.
Jodhpur City Bus Owners Union - Appellant
Versus
State of Raj. & Ors. - Respondents
S.B. Civil Writ Petition No. 2067 of 2007
Decided On : August 30, 2007
Girish Joshi, for Petitioners; B.P. Bohra, for Petitioner in SBCW No.3896/07; N.M. Lodha, AAG, for State; B.L. Maheshwari, for Respondents; B.L. Tinwari, for Respondent No.5 in SBCW No.3537/07; V.K. Mathur, for Respondent no.6 in SBCW No.3537/07;
Headnote:Motor Vehicles Act,1988, Sec. 2(42), 99 to 103; Road Transport Corporation Act, 1950, Sec. 3; Rajasthan Motor Vehicles Rules, 1990, Rule 6.1(c) – Implementation of Bus Rapid Transport System (BRTS) and Constitution of Special Purpose Vehicles (SPV) – Whether it amounts to Constitution of State Transport Undertaking u/S. 2(42) (iv) of the Act of 1988? – Held – The basic requirement for Constitution of State Transport undertaking is that it should provide road transport services – Govt. order dated 12-12-06 clearly provides that the company will not purchase any equipment/Buses nor run any services itself and company will monitor the operationalisation of city Bus system as a regulatory body – The company only invited offer – When the company itself is neither purchasing buses nor providing road transport services, the company cannot be termed to be State Transport undertaking – Petitioners did not apply for permit, hence not entitled for any declaration.(Paras 30, 35, 41 to 47) Writ petitions dismissed.
eksVj;ku vf/kfu;e] 1988] /kkjk 2¼42½, 99 ls 103( lM+d ifjogu fuxe vf/kfu;e] 1950] /kkjk 3( jktLFkku eksVj ;ku fu;e] 1990] fu;e 6.1¼c½ & Rofjr ifjogu cl O;oLFkk ykxw djuk vkSj foks"k iz;kstu ;ku dk xBu & D;k ;g dk;Z 1988 ds vf/kfu;e dh /kkjk 2¼42½ ¼iv) ds rgr ^^jkT; ifjogu m|e** ds xBu dh Js.kh esa vkrk gS\ & vfHkfu/kkZfjr & ^^jkT; ifjogu m|e** ds xBu gsrq ewy vko;drk ;g gS fd mls lM+d ifjogu lsok miyC/k djkuh gksrh gS & ljdkjh vknsk fnukad 12-12-06 esa ;g Li"V :i ls izko/kku gS fd dEiuh fdlh izdkj ds midj.k/ clsa ugha [kjhnsxh vkSj u gh Lo;a fdlh izdkj dh lsok dk lapkyu djsxh ,oa dEiuh ,d fu';ked ladk; ds :i esa flVh cl O;oLFkk ds lapkyu dh dsoy ns[kjs[k djsxh & dEiuh us dsoy izLrko vkefU=r fd;s & tc dEiuh Lo;a u rks cls [kjhn jgh gS vkSj u gh lM+d ifjogu lsok iznku dj jgh gS rks dEiuh dks ^^jkT; ifjogu m|e** gksuk ugha dgk tk ldrk & izkFkhZx.k us ijfeV gsrq vkosnu ugha fd;k vr% os fdlh Hkh izdkj dh ?kks"k.kk ds gdnkj ugha gSA ;kfpdk,a [kkfjt dhA ¼in la[;k 30] 35] 41 ls 47½
(2). The S.B.Civil Writ Petition No.2067/07 has been filed by the Jodhpur City Bus Owners Union through its authorised representative of said Union and by one Chetan Singh, who has been impleaded in the writ petition as petitioner in his individual capacity on the ground that his fundamental rights are violated by the above action of the State. In this writ petition which was filed before any permit was granted by the respondent- Transport Authority to respondents no.6 or 7, therefore, the permits which were granted in favour of respondent no.7 subsequent to the filing of the above writ petition, have not been challenged and only relief of prohibition against grant of permit has been sought.
(3). Another S.B.Civil Writ Petition No.2390/07 has been filed by Chiman Singh and Arjun Parihar for the same reliefs as claimed in above S.B.Civil Writ Petition No.2067/07 but with challenge to orders granting permits to Mahadev Travels(respondent).
(4). S.B.Civil Writ Petition No.3537/07 has been filed by Udaipur Kendriya Auto Tempo Sharmik Union and one Tikam Chand Kothari who is permit holder and is plying stage carriage vehicle on the route no.2 in the city of . On the basis of same facts and grounds as in identical above two writ petitions No.2067/07 and No.2390/07, the petitioners have challenged the orders dated 27-10-2007, 23-5-2007 and 7-5-2007 as well as permits granted to respondent no.6-U.N. Speedways Pvt. Ltd. dated 16-4-2007 and 7-5-2007. These orders and permits are for the route opened in city of Udaipur.
(5). By the Writ Petition No.3896/07, the petitioner Bansi Lai, the permit holder of stage carriage vehicle on the route in Udaipur City, has challenged the orders of the State Government dated 27-10-2006 and 23-5-2007 as well as the permit granted to respondent no.6- U.N. Speedways Pvt. Ltd. dated 16-4-2006 and 7-5-2007. S.B. Civil Writ Petitions No.3537/07 and 3896/07, are therefore, for challenging the same orders of the State Government, by which the routes were opened by the orders of the State Government in the city of Udaipur and grant of permit over the above routes.
(6). Meaning thereby in all the four writ petitions, the challenge is to the decision of the State Government of opening various routes under BRTS and grant of permits for the routes opened under BRTS as well as against the approval of implementation of BRTS and constitution of above three companies and, therefore, all these writ petitions were heard together and are being decided of by this common judgment.
(7). The petitioners contention in all these writ petitions are that the State Government by order dated 12-12-2006, granted approval for implementation of BRTS in the cities of Udaipur, Jodhpur and Kota as well as by the same order granted approval for constitution of Special Purpose Vehicle (SPV)-a city level transport company, for each of the above cities, namely, Udaipur, Jodhpur and Kota. According to
