GENERAL MOTOR BUS SERVICE TONK Vs. REGIONAL TRANSPORT AUTHORITY JAIPUR

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution.

(2.) THE petitioners General Motor Bus Service, Tonk, and Dwarka Das Banomal were allowed to run five buses and one bus respectively on the Tonk-Niwai route by Resolution No. l21 (9) of the Regional Transport Authority,jaipur, dated the 23rd September, 1952. By the same resolution Mohandas and Government Transport Service, Tonk, were allowed to run one and four buses respectively on the same route (Ex. S/l ). THE permits granted under this resolution were directed to be valid up to 30th September, 1954. On 28th November, 1952, the Regional Transport Authority asked for applications for various routes including route No. 15 Jaipur-Tonk. It was mentioned in the advertisement that the existing operators on the routes advertised who had been granted regular permits by the Regional Transport Authority need not apply. THE Regional Transport Authority also reserved the right to amend or cancel any route and to limit the number of permits on any route. THE two petitioners and respondent No. 3 Manager, Government Transport Service, Tonk, made applications for being permitted to ply buses on this route. Respondent No. 3 wanted to ply four buses. THE petitioner General Motor Bus Service wanted to ply four buses and Dwarkadas Banomal wanted to play one bus. THEse applicants contended that they had already been plying their buses on Tonk-Niwai route, and they should be given preference over other applicants THE same argument was made by operators on the route from Jaipur to Niwai on the allegation that the destination of Tonk was only an extension of the previous route. THE Regional Transport Authority by resolution No. 343 of 1953 dated the 5th/6th August 1953 did not accept these contention, for they said that Niwai was a railway station and required a separate service. THE Regional Transport Authority allowed 41 buses to ply from Jaipur to Tonk, including three buses of the General Motor Bus Service, one of Dwarkadas Banomal and four of Government Transport Service, Tonk. It was further resolved that the General Motor Bus Service, Dwarkadas Banomal, Mohandas and Government Transport Service, Tonk, should surrender treir (existing) permits of Tonk-Niwai route for three, one, one and four buses respectively before they obtain permits for Jaipur Tonk route for equal number of buses as sanctioned.