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Ashwani Kumar & Anr vs Regional Transport Authority Bikaner ... on 1 September, 1999
In Ashwani Kumar (supra), the Apex Court has concerned with the
matter relating to a route passing through the State of Rajasthan, Haryana
and UT Delhi. The regional Transport Authority of Bikaner took a conscious
decision to open the route i.e., Bhadra to Delhi but granted permit in favour
of only one person. The application of the other applicants were rejected.
The approach was made by one of the applicants, whose application was
rejected, to the Tribunal which was disposed of directing a RTA, Bikaner to
grant stage carriage permit in respect of its bus for daily one single trip with
the condition that the permit would be valid on obtaining counter-signature
from the other State concerned. Subsequently, the said permit was
cancelled by the RTA, Bikaner and the challenge was made to the High
Court of Rajasthan and ultimately the matter reached to the Supreme
Court. The Apex Court held that the existence of a route is a condition
precedent for exercise of powers under Section 88(1) of the said Act and the
APO 148/23
8
scheme of the aforesaid Section would indicate that one State cannot take
an unilateral decision unless a reciprocal agreement is entered into and
published in the Official Gazette in the following:
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