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1983 DIGILAW 161 (RAJ)

Gauri Shankar v. Regional Transport Authority, Jodhpur Region, Jodhpur

1983-03-30

S.K.M.LODHA

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S.K. MAL LODHA, J — Mr. J.G. Chhangani, learned counsel for applicant Dhansukh has submitted an application today praying that the applicant Dhansukh Sharma may be afforded an opportunity of hearing and he may be supplied with the copies of the writ petition etc. I have heared Mr. B. L. Maheshwari, Mr. J. G. Chhangani learned counsel for applicant Dhansukh Sharma and Mr. Niazuddin Khan, learned Additional Government Advocate, on the application filed by the applicant as well as on the main writ petition. 2. Petitioner Gaurishankar has filed this writ petition on 3 3.83 seeking the relief that an appropriate order may be passed directing the non-petitioner Regional Transport Authority, Jodhpur Region, Jodhpur, to consider and decide the matter relating to varying of the conditions of the permit of the petitioner Gaurishankar and others in regard to the inclusion of Pabulao to Losal route in Ladnu Losal route and vice versa so as to make the route as Pabulao to Losal amalgamated route. Despite taking time, no reply to the show cause notice has been filed on behalf of the non-petitioner Regional Transport Authority, Jodhpur Region, Jodhpur Mr. Niazuddin Khan, learned Additional Government Advocate states that no instructions have been given to him by non-petitioner to contest the writ petition. It was specifically ordered on 8.3.83 that the writ petition shall finally be decided at the admission stage. Mr. J. G. Chhangani, learned counsel for applicant Dhansukh Sharma states that while considering the aforementioned matter, a direction may also be given to the non-petitioner to consider the objections filed by the applicant in accordance with law. 3. Having perused the writ petition and the application filed by Mr. Dhansukh Sharma today and after considering the submission made by Mr. Maheshwari I allow the writ petition and direct the non-petitioner Regional Transport Authority, Jodhpur Region Jodhpur, to consider and decide the matter relating to the varying of the conditions of the permit of the petitioner Gaurishankar and others in respect of inclusion of the Pabulao to Losal route in Ladnu Losal route and vice versa so as to make the route as Pabulao Losal amalgamated route. The objections which have been filed by applicant Dhansukh Sharma will also be considered and disposed of in accordance with law by the non-petitioner while deciding the aforementioned matter. 4. The writ petition is allowed as indicated above. The objections which have been filed by applicant Dhansukh Sharma will also be considered and disposed of in accordance with law by the non-petitioner while deciding the aforementioned matter. 4. The writ petition is allowed as indicated above. There will be no order as to costs. 5. Mr. B. L. Maheshwari states that the next meeting of the Regional Transport Authority, Jodhpur Region, Jodhpur, is fixed on April 27, 1983. It is ordered that the aforesaid matter will be considered and decided in that meeting and if not possible, then within two months from today.