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1994 DIGILAW 187 (RAJ)

New Haryana Roadways v. The Regional Transport

1994-03-03

J.R.CHOPRA, V.G.PALSHIKAR

body1994
JUDGMENT 1. This Special Appeal is directed against the judgment of the learned Single Judge dated 7th of November 1986, whereby the learned Single Judge has set aside the judgment of the State Transport Appellate Tribunal and has held that once the scope of inter-statal route is increased and permit is granted in favour of a person for the increased scope, he has a right to ply his bus on that route within the State if the permit is granted by the Regional Transport Authority or the State Transport Authority as the case may be. Beyond the borders of the State, he can ply the bus only when the permit is countersigned by the competent authority of the other State. 2. This Court has recently held in Regional Transport Authority, Jodhpur v. Sita Ram, AIR 1993 Raj. 76 that on inter-statal routes also permits may be granted and extended up to the boundary of the State and the operators have the right to ply their bus up to the boundary of the State if the permit is granted, extended or countersigned by the competent authority of the State of Rajasthan. 3. More over, in this case, the appeal has become in fructuous also, because the term for which the permit was extended has also come to an end and under the New Act, any number of permits, can be granted on a route as deemed proper by the Regional Transport Authority or the State Transport Authority, as held by a Division Bench of this Court in Sita Ram's case, quoted supra. 4. Under these circumstances, there appears to be no infirmity in the judgment of rendered by the learned Single Judge and, therefore, we find no merit in this special appeal and it-is hereby dismissed on merits.Special Appeal Dismissed. *******