1 D.B. SPECIAL APPEAL (WRIT) NO.345/2008 Ashoka Transport Company Vs.The State of Raj. & ors. Date of Judgment :: April 02, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Satish Khandelwal on behalf of Mr. D.D. Khandelwal for the appellant. *** This appeal is directed against the judgment dated 23.1.2008 passed by the learned Single Judge in S.B. Civil Writ Petition no.584/2008 whereby the writ petition seeking direction against the Rajasthan State Road Transport Corporation (hereinafter referred to as 'the RSRTC') to permit use of the bus stand for parking of the buses owned by the appellant-Company, was dismissed. The learned counsel for the appellant has argued that the appellant is the permit holder under the same inter- State scheme in which permits have also been granted to the RSRTC. The appellant for the earlier period while operating buses on such route has also been using the bus stand of the respondents at Alwar. The learned Single Judge committed an error of law in not permitting the use of bus stand owned by the RSRTC even by the appellant. 2 The learned counsel for the appellant has relied on the judgment of the Supreme Court in the case of Ishwar Singh Bagga & Ors. Vs. State of Rajasthan, (1987) 1 SCC 101. Having heard the learned counsel for the appellant, perused the judgment impugned and other materials forming part of this appeal, we find that prior to filing of the present writ petition, the writ petitioner had filed one more writ petition namely, S.B. Civil Writ Petition no.6718/2007 which was disposed of by the learned Single Judge of this Court vide judgment dated 11.9.2007 directing the respondents to consider its representation. The Transport Commissioner of the State decided the said representation by its order dated 16.11.2007. It is evident from that order that the stand of the transport authorities before the Transport Commissioner was that already there exists another bus stand opposite the Krishi Upaj Mandi Samiti, Alwar which is meant for private operators and that the appellant could operate his buses from such bus stand. The judgment of the Supreme Court in the Case of Ishwar Chand Bagga & Ors. (supra) was delivered in an altogether different context where use of the bus stand owned by RSRTC by private operators was not at all adverted to. What was held was that the RSRTC is just another operator of motor vehicles which is entitled to run motor vehicles in accordance with law after obtaining permits and 3 that although, the Corporation is one of the many operators of the motor vehicles in the State, yet, it is subject to same laws as are applicable to private motor vehicles. On the strength of the aforesaid judgment of the Supreme Court, however, it cannot be held that any right has accrued to the petitioner to use the bus stand owned and maintained by the RSRTC at Alwar just because both of them are permit holders under the same inter-State scheme. We, therefore, do not find any error in the judgment passed by the learned Single Judge. There being no merit, this appeal is accordingly dismissed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-