Rajasthan High Court - Jodhpur
Shri Mukesh Purohit vs State Of Rajasthan ... on 7 August, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:35056-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 124/2023
Shri Rajendra Singh Charan S/o Shri Durga Ram Charan, Aged
About 45 Years, R/o 3Aa -30-31, Madhuban Housing Board,
Jodhpur (Raj.).
----Appellant
Versus
1. State Of Rajasthan, Through The Secretary Cum
Commissioner, Transport Department, Raj., Jaipur.
2. The Secretary, Regional Transport Authority, Jodhpur
Region, Jodhpur.
3. The Regional Transport Authority, Jodhpur Region,
Jodhpur.
4. The State Transport Appellate Tribunal, Raj. Mini
Secretariat, Bani Park, Jaipur.
5. Shri Chiman Singh S/o Shri Sohan Singh, R/o Char
Thamba, Magra Poonjla, Jodhpur (Raj.).
----Respondents
Connected With
D.B. Spl. Appl. Writ No. 125/2023
Shri Mukesh Purohit S/o Shri Jaswant Singh, Aged About 46
Years, R/o 345, Second D Road, Sardarpura, Jodhpur (Raj.).
----Appellant
Versus
1. State Of Rajasthan, Through The Secretary Cum
Commissioner, Transport Department, Raj., Jaipur.
2. The Secretary, Regional Transport Authority, Jodhpur
Region, Jodhpur.
3. The Regional Transport Authority, Jodhpur Region,
Jodhpur.
4. The State Transport Appellate Tribunal, Raj. Mini
Secretariat, Bani Park, Jaipur.
5. Shri Chiman Singh S/o Shri Sohan Singh, R/o Char
Thamba, Magra Poonjla, Jodhpur (Raj.).
----Respondents
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[2025:RJ-JD:35056-DB] (2 of 4) [SAW-124/2023]
D.B. Spl. Appl. Writ No. 1087/2023
Mehardin S/o Ushman Khan, Aged About 51 Years, By Caste
Musalman R/o Muktja Ki Gali, Siwanchi Gate, Jodhpur (Raj.)
----Appellant
Versus
1. State Of Rajasthan, Through The Secretary Cum
Commissioner, Transport Department, Raj., Jaipur.
2. The Secretary, Regional Transport Authority, Jodhpur
Region, Jodhpur.
3. Regional Transport Authority, Jodhpur Region, Jodhpur.
4. The Sate Transport Appellate Tribunal, Raj., Mini
Secretariat, Bani Park, Jaipur.
5. Shri Chiman Singh S/o Shri Sohan Singh, R/o Char
Thamba, Mangra Poonjla, Jodhpur (Raj.).
----Respondents
For Appellant(s) : Mr. Roop Kishore Rathi
For Respondent(s) : Mr. Sajjan Singh Rathore, AAG with
Mr. Yuvraj Singh Rathore
Mr. N.S. Rathore, AAG with
Mr. Ramavtar, AGC
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE ANUROOP SINGHI
Judgment / Order
07/08/2025
Heard learned counsel for the parties.
Since, the present special appeals have been filed against
the common judgment dated 18.10.2022 passed by the learned
Single Bench in a bunch of writ petitions, therefore, the same are
being disposed of by this common order.
Learned counsel for the appellants submits that the issue
involved in the present cases is relating to the denial of route
permits by the competent authorities of the respondent-
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Department and the rejection of their applications for the same.
Learned counsel for the appellants, instead of joining the issues on
merit, submits that the appellants will be satisfied if the present
appeals are disposed of with a direction to the respondents to
consider their applications afresh after taking into consideration
the relevant factors for grant of permits on the route mentioned in
their applications. He further submits that the appellants will
satisfy the authority concerned that the factors, which are
mentioned in the judgment impugned, will be taken care of i.e.
they will use the transport which is not polluting the atmosphere
and the timings of plying of the vehicles will also be furnished
beside other grounds. He, therefore, prays that the respondents
may be directed to consider such applications, if filed and grant
them route permits. Further, if the authorities are of the view that
the applications filed by the appellants do not merit acceptance
then the authorities should pass a reasoned and speaking order.
Learned Additional Advocate General appearing for the
respondent-State submits that in case such applications for fresh
permit are filed, the same shall be considered keeping in mind the
judgment passed by Division Bench of this Court in D.B. C.W.P.
No.6073/1993 (Mahendra Lodha Vs. State of Rajasthan)
decided on 27.02.2007 and other factors prevailing in the city of
Jodhpur, in accordance with law.
In view of the submissions made before this Court, the
present appeals are disposed of with liberty to the appellants to
file fresh applications for grant of route permits. In case, such
applications are filed, the respondent-authority shall consider the
same keeping in mind all the relevant factors in these matters and
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pass appropriate orders for grant of permit or if they are not
inclined to grant route permits to the appellants then the
applications shall be disposed of by passing a reasoned and
speaking order, in accordance with law.
Needless to say that all the relevant factors (pollution,
congestion etc.) shall be kept in mind while deciding the
applications to be preferred by the appellants.
The stay applications and other pending applications, if any,
also stand disposed of.
A copy of this order be placed in each connected file.
(ANUROOP SINGHI),J (VINIT KUMAR MATHUR),J
C1-3-Payal/-
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