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MADHYA PRADESH HIGH COURT
S.K. Gangele and M.K. Mudgal, JJ.
Padam Chand Gupta v. State Transport Authority
Writ Petition No.5125 of 2013 (Gwalior); Decided on 21.10.2013.
Held : It is clear from the above judgments that an applicant has to fulfill qualification required in the rule and in regard to availability of the vehicle at the time of passing of the order by the Regional Transport Authority.
Respondent No.2 had leased out his vehicle, which was proposed to be plied by him on the route in favour of the another person and it was covered by another permit up to 31.8.2012, thereafter it was released when the permit was surrendered before the RTA. The tax of the vehicle was also paid up to 31.8.2012. Hence, in our opinion, the respondent No.2 did not fulfill the criteria having a vehicle at the time of passing of the order by RTA for grant of permanent permit, hence, he was not eligible to receive the permit. AIR 1971 SC 1804 and AIR 1994 SC 71 followed. AIR 1980 Kerala 115 relied on.
eksVj ;ku fu;e] 1994 ¼e-iz-½ & /kkjk 72¼1½] 72¼2½] 72¼3½¼d½ rFkk 72¼3½¼[k½ & ekxZ ds LFkk;h vuqKki= dh eatwjh & vkosnu djus ds le; ;ku dk LokfeRo izek.k&i= vuqiyC/k & vkosnd vuqKki= izkIr djus dk gdnkj ugha & rn~uqlkj iwoksZDr eatwjh vfHk[kafMrA vfHkfu/kkZfjr % iwoksZDr fu.kZ;ksa ls ;g Li”V gS fd vkosnd dks fu;e esa visf{kr rFkk izknsf’kd ifjogu izkf/kdkjh )kjk vkns’k ikfjr djus ds le; ;ku dh miyC/krk ds ckjs esa vgZrk dks iw.kZ djuk gksrk gSA izR;FkhZ dz-2 us vius ;ku dks iV~Vs ij fn;k Fkk ftls vU; O;fDr ds i{k esa ekxZ ij mlds )kjk iz;ksx djus dk izLrko fn;k x;k Fkk rFkk ;g 31-8-2012 rd vU; vuqKki= )kjk vkPNkfnr Fkk] rRi’pkr~ ;g rc fueqZDr fd;k x;k tc {ks=h; ifjogu izkf/kdj.k ds le{k vuqKki= dk vH;iZ.k fd;k x;kA ;ku dk dj Hkh 31-8-2012 rd lanr fd;k x;kA blfy,] gekjh jk; esa izR;FkhZ dz-2 us LFkk;h vuqKki= dh eatwjh ds fy, izknsf’kd ifjogu izkf/kdkjh )kjk vkns’k ikfjr djus ds le; ;ku gksus dk ekunaM iw.kZ ugha fd;k] blfy,] og vuqKki= izkIr djus dk gdnkj ugha FkkA , vkb vkj 1971 ,l lh 1804 rFkk , vkb vkj 1994 ,l lh 71 vuqlfjrA , vkb vkj 1980 dsjy 115 voyafcrA ¼iSjk 19 ,oa 20½
Gangele, J. -- 1. The petitioners have filed this petition against the order dated 4.7.2013 (Annexure P-1) passed by the State Transport Appellate Tribunal Gwalior and the order dated 12.11.2012 passed by the Regional Transport Authority.
2. Number of applicants applied for grant of permanent permit of a route Gwalior to Jhansi via Dabra, Datia of one return trip daily. It is an inter-State route and is a part of a reciprocal agreement between the State of M.P. and U.P. Earlier the route was part of a scheme. After de-notification of the scheme, the route was opened for private operators. Total 45 applications were received by the Regional Transport Authority. 16 persons including the petitioners made their objections. The respondent No.2 was granted the permanent permit of the route with one return trip. The petitioners also have the permanent permit of the route of different timing.
3. Learned counsel for the petitioners has submitted that the State Transport Appellate Tribunal did not consider the fact that the respondent No.2 had been given undue benefit in fixing the time because the respondent No.2 has been granted departure time of 1:30 p.m. from Gwalior and arrival at Jhansi on 4:30 p.m. and thereafter departure time of respondent No.2 from Jhansi is 5.30 p.m. and arrival at Gwalior at 8:30 p.m. The respondent No.2 has been granted time ahead of the petitioner, however, the respondent No.2 reaches Jhansi after the petitioner, hence it is arbitrary. It is further submitted that the vehicle, which was covered under the permit granted to the respondent No.2, was not available on the date of consideration of the permit because at that time the vehicle was covered under another permit No.558/09 Gwalior to Bhind route, hence the order of grant of permit in favour of respondent No.2 is contrary to law.
4. Learned counsel appearing on behalf of the respondent No.2 has submitted that the vehicle No. MP07/P-592 Model 2011 had been leased out to one Chandra Prakash Gour for operation from Gwalior to Bhind route and the aforesaid vehicle was not a spare vehicle on 29.6.2012 as well as on 12.11.2012 on the date of grant of permit.
5. In regard to question of grant of timings to respondent No.2, he has been granted following timings by RTA :
izLFkku 13%30 Xokfy;j 20%30 vkxeu vkxeu 16%30 >k¡lh 17%30 izLFkku
6. Petitioner No.1 was granted timing of departure from Gwalior at 13.50 and arrival at Jhansi at 4:25 p.m. Similarly petitioner No.2 was granted timing of return from Jhansi 5:40 p.m. and arrival at Gwalior at 8:15 p.m.
7. From the aforesaid facts it is clear that the timings of the petitioner No.1 from Gwalior is 13:50 and arrival at Jhansi is 4:25 p.m. and timings of respondent No.2 is 13:30 from Gwalior and arrival at Jhansi is 4:30 p.m. Similarly from Jhansi departure is 5:30 p.m. and arrival at Gwalior is 8:30 p.m. and petitioner No.2 reaches at Gwalior at 8:15 p.m. and his departure time from Jhansi is 5:40 p.m. It means that the petitioner No.2 reaches Gwalior before respondent No.2 and his departure from Jhansi is 5:40 p.m. and departure of respondent No.2 from Jhansi is 5:30 p.m. before the petitioner No.2 but he reaches Gwalior after the petitioner No.2 at 8:30 p.m. Similarly departure time of petitioner No.1 from Gwalior is 13:50 and he reaches Jhansi at 4:25 p.m. but departure time of respondent No.2 from Gwalior is 13:30 before the petitioner No.1 and his arrival at Jhansi is 4:30 p.m. after the petitioner No.1. It means that the respondent No.2 has been given unfair advantage in comparison to the petitioners. Halt of the petitioners and respondent No.2 are the same and their stoppage are also same.
8. Rule 72(2) of the M.P. Motor Vehicles Rules, 1994 gives power to the Regional Transport Authority to approve the time schedule of the vehicles. It is obligatory on the part of the Regional Transport Authority to exercise his power reasonably so all the persons be given same benefit and some persons be not given und
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