Indian Kanoon - Search engine for Indian Law

2. After hearing the learned counsel for the parties, we are satisfied that the point which has been referred to us need not be decided in this case as the case can be disposed of on other points.

3. The facts of the case lie within a narrow compass. The petitioner Jagan Singh was granted permit on Chirawa to Udika route via Devroad-Surajgarh-Jakhod on September 10, 1971, for a period of three years. The route was extended from Chirawa to Sultana by the Regional Transport Authority, Jaipur, by its order dated April 10, 1972. Subsequently, a portion of the route, Chirawa to Devroad, came under the scheme of nationalisation from June 5, 1974. Consequently, that portion of the route i.e., Chirawa to Devroad, was curtailed and the petitioner's remaining route was divided in two portions, namely, Sultana to Chirawa and Devroad to Udika. It further appears that from June 5, 1974 to July 23, 1978, the petitioner plied on one portion of the route only viz., Udika to Devroad and did not ply on the other portion of the route i.e., Chirawa to Sultana. However, he made an application before the Regional Transport Authority, Jaipur, on March 28, 1978, for diversion of his route - Udika to Sultana via Surajgarh, Raghunathpura and Shyamlu. After obtaining report from the District Transport Officer, Jhunjhunu, the Regional Transport Authority allowed diversion of the petitioner's route via Surajgarh, Raghunathpura-Shyamlu by its order dated October 25, 1978.

8. Admittedly, in the present case, the petitioner made an application for variation of the conditions of his permit including new route and therefore his application ought to have been treated as an application for grant of a new permit under Section 57 (8), and the procedure prescribed under Sub-sections (3), (4) and (5) of Section 57 of the Act should have been followed. But, in fact, the petitioner's application was neither treated as one under Section 57 (8) nor did the Regional Transport Authority follow the procedure prescribed under Sub-sections (3), (4) and (5) of Section 57 of the Act before allowing it. Consequently, the order dated May 27, 1958, passed by the Regional Transport Authority allowing the petitioner "to ply via Shyamlu and Raghunathpura in place of Devroad between Chirawa to Suraj-garh" is bad and cannot be sustained in law.