Rajasthan High Court - Jaipur
Dunni Lal vs State Of Raj And Ors on 12 July, 2011
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No. 13071/2009 Dunni Lal V/s. The State of Rajasthan & Ors. Date of order : 12th July, 2011 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Satish Khandelwal, for the petitioner.
By way of the instant writ petition, the petitioner has sought the following relief:-
(i)this Hon'ble Court may kindly pleased to issue an appropriate writ, direction or order to direct to respondents to allowed the petitioner to operate his vehicle as per the earlier Time Table over the route Hanumangarh to Dabbawali for one return trip.
(ii)this Hon'ble Court may kindly pleased to direct the respondent by issuing direction for fixing time table and transport authorities to issue guide line regarding fixing, parking and halting stations to the vehicles those who come from long distance the time for stoppage shall be fixed comparatively lesser to those vehicles who comes from small distance route and further the suitable amendment shall be made under the agreement dated 12.9.2008 in clause 4(iii) and further they may be directed to hold joint meeting and issued Time Table after hearing the petitioner as well as the concern parties.
(iii)this Hon'ble Court may kindly be pleased to issue an appropriate writ, direction or order, directing the respondents to allowed the petitioner vehicle to operate from the Bus Stand.
(iv)the costs of the writ petition may also be awarded in favour of the petitioner.
2. Heard learned counsel for the petitioner and carefully perused the relevant material on record.
3. Learned counsel for the petitioner took me through the Reciprocal Transport Agreement between Government of Rajasthan and Government of Haryana and contended that the Time Table of Reciprocal Transport Agreement is required to be fixed by two Secretaries of both the Government of Rajasthan as also Haryana. Time Table has yet not been finalized as per the Agreement having taken place between the parties and, as such, the directions to both the Secretaries to the Government may be given with regard to fixing the Time Table.
4. Clause 4 of the Reciprocal Transport Agreement between the Government of Rajasthan and Haryana envisages that Reciprocal Transport Agreement with regard to operations of stage carriage on inter-state route between Rajasthan and Haryana shall be as per Annexure-s 1 and 2. Clause (iii) of Clause 4 further envisages that the Time Table for stage carriages for private permit holders as well as State Transport Undertaking shall be fixed by the concerned Secretary, Regional Transport Authority, after mutual consultation.
5. In view of above Agreement, if the Time Table has yet not been finalized, Secretaries to both the Governments are directed to meet on a particular day and should issue the Time Table for stage carriage of private permit holders as well as State Transport Undertakings as contemplate in Reciprocal Transport Agreement having taken place between both the Government of State of Rajasthan and Haryana within a period of one month.
6. With the aforesaid observation, the writ petition stands disposed of, accordingly.
(MAHESH BHAGWATI)J. Mak/-
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