SBCWP No.16087/10. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.16087/2010. Dharampal Vs. State of Rajasthan & Ors. Date of Order:- December 22, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Swaraj Sharma for the petitioner. Shri K. Verma, Deputy Government Counsel. ******* BY THE COURT:- Contention of the learned counsel for the petitioner is that the learned State Transport Appellate Tribunal Rajasthan, Jaipur rejected the appeal on the premise that application for the concerned route was submitted by the petitioner on 30/6/2008 whereas, inter-State agreement was executed on 12/10/2008. It is submitted that the regional transport authority in his order has noted two applications of the petitioner on Vehicle No.RJ 31 OPA 1121 at Sr.No.2 submitted on 13/10/2008 and at Sr.No.12 submitted on 16/2/2009, both of which were submitted after date of agreement. The learned STAT has wrongly assumed the fact that permit for plying the vehicle was granted to the petitioner for the route from Bhadara to Shivani whereas, no such permit was granted to the petitioner. SBCWP No.16087/10. 2 This Court while issuing notices on 8/12/2010, required the learned Deputy Government Counsel to explain those points and the matter was deferred for 16/12/2010 but today, he is not in a position to dispute or even otherwise confirm those facts, as according to his information, officer-in-charge is not well. However, the matter is considered on the basis of the record. Order of the RTA is clear wherein, it has noted dates of two applications submitted by the petitioner between 13/10/2008 and 16/2/2009. According to the petitioner, there would be no reason that he would deny if he was granted permit for the route from Bhadara to Shivani. In fact, petitioner has asserted the said permit was issued in his favour on 18/5/2009 with the stipulation that in case petitioner did not collect the permit, same would stood automatically cancelled after sixty days. Communication to this effect was never given to the petitioner with the result that permit stood cancelled vide order dated 17/7/2009. Till date, petitioner does not have any other permit on the said route in question. In the result, writ petition is allowed on those limited grounds and the matter is remanded to the State Transport Appellate Tribunal Rajasthan, Jaipur for deciding the appeal on merits afresh rather than dismissing the same on those technical aspects. (MOHAMMAD RAFIQ) J. anil