Anita Jain vs State of Rajasthan

Gopal Krishan Vyas, J.—Heard learned counsel for the parties. In this writ petition, the petitioner has challenged the order impugned on the ground that the Secretary, Regional Transport Authority has no jurisdiction to decide the question of cancellation of permit issued in favour of the petitioner.

Learned counsel for the petitioner invited attention of this Court towards the fact that an order was issued on 17.04.2008 by the Member, Regional Transport Authority, Jaipur, Jodhpur, Udaipur, Bikaner, Ajmer, Alwar, Kota, Sikar, Pali, Chittorgarh, Dausa whereby certain powers were delegated to the Secretaries of Regional Transport Authority of the respective regions, in that resolution, no power has been delegated to exercise power under Sec. 86(4) of the Motor Vehicles Act for cancellation of permit, therefore, order impugned may be quashed.

After hearing learned counsel for the petitioner on 06.08.2012, an interim order was passed in this petition whereby the order dt. 18.07.2012 passed by the Secretary, Regional Transport Authority was stayed by the Court.

While filing reply, the respondents have placed on record Annexure-R/1 to apprise this Court that on 10.07.2008, the power of cancellation has also been delegated to the Secretaries of the respective regions under Sec. 86(4) of the Act, therefore, no interference is called for.

During the course of arguments, learned counsel for the parties invited attention of this Court towards the communication dt. 13.02.2013 whereby certain directions were issued to the Secretary, Regional Transport Authority of all the regions. The said communication dt. 13.02.2013 reads as under:-

In view of above, the order of cancellation impugned in this writ petition is not sustainable in law. Therefore, the cancellation order dt. 18.07.2012 passed by the Secretary, Regional Transport Authority is hereby quashed and set aside with the liberty to the Secretary, Regional Transport Authority to take action in accordance with the aforesaid communication dt. 13.02.2013 issued by the Member, Regional Transport Authority, Jaipur. It is made clear that before taking any action against the petitioner for cancellation of permit, the Secretary, Regional Transport Authority, Jaipur shall grant opportunity of hearing to the petitioner, then pass the order. The writ petition is allowed in above terms.