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2025 DAILYLAW 19947 (RAJ)

ANITA RATHORE W/O HIMMAT SINGH RATHORE v. STATE OF RAJASTHAN

CW/8114/2025 · 2025-09-04

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:35491] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8114/2025 Anita Rathore W/o Himmat Singh Rathore, Aged About 66 Years, Resident Of 5D175, J.n.v. Colony, Bikaner, At Present Residing At Villa No. 177-A, Krishna Kunj Vilas, Kalwar Road, Jaipur (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through Transport Commissioner Cum State Transport Authority, Rajasthan Jaipur, Parivahan Bhawan, Sahkar Marg, Jaipur. 2. The Secretary, State Transport Authority, Bikaner, Headquarter, Jaipur. 3. The Secretary, Regional Transport Authority, Bikaner Region, Bikaner. 4. Iqbal Ali Son Of Lal Khan, R/o Ward No. 08, Kelan Bikaner, Rajasthan (Registered Owner Of Vehicle No. Rj- 07 Pc 7860) ----Respondents For Petitioner(s) : Mr. Ramit Pareek For Respondent(s) : Mr. Harshvardhan Rathore for Mr. S. S. Naruka, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 04/09/2025 Present petition has been filed against the order dated 07.03.2025, whereby curtailment of route from Jaipur to Bikaner has been allowed in the permit of respondent No. 4 and one additional trip has been allowed from Bikaner to Anoopgarh. Learned counsel for the petitioner has submitted that the petitioner is having experience of transport business for almost 40 years, thus priority may be given to the petitioner. However, [2025:RJ-JP:35491] (2 of 2) [CW-8114/2025] respondent No. 2 and 3 have failed to do so and have passed the impugned order dated 07.03.2025, thereby causing prejudice to the petitioner. Howsoever, learned counsel has not refuted that there is alternative efficacious remedy available under the Motor Vehicle Act, 1988, but due to non adjudication of matters in a timely manner at the respective forum, same is not availed. Heard. Issue notices. On directions of the Court, Mr. Harshvardhan Rathore for the office of Mr. S. S. Naruka, AAG, accepts notices on behalf of respondents. Considering the fact that alternative efficacious remedy is available with the petitioner, this Court is not inclined to entertain the present petition. Howsoever, this Court directs the concerned Appellate Authority to entertain the appeal of the petitioner, if filed, in accordance with law and decide the same expeditiously, preferably within a period of 60 days, following the principle of natural justice. Accordingly, present petition is disposed of. All pending applications also stand disposed of. (SAMEER JAIN),J Pooja /20