Intra-court appeal against an order allowing the Regional Transport Authority to pronounce a permit order. Court held appeal infructuous due to lapse of time and elections held, dismissing it.
Dismissing the instant intra-court appeal as infructuous.
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D.B.Special Appeal (Writ) No.672/2009. Chief Electoral Officer VS Om Prakash & Ors.
D.B.Special Appeal (Writ) No.672/2009. Chief Electoral Officer (Election Officer). VERSUS
Om Prakash & Others.
15.01.2015.
HON'BLE MR.JUSTICE AJAY RASTOGI HON'BLE MR.JUSTICE J.K.RANKA
Mr.B.C.Chirania, Counsel for appellant. *****
Instant intra-court appeal has been preferred against order of the ld.Single Judge dt.13.05.2009.
The Secretary, Regional Transport Authority, Bikaner vide its notification dt.04.02.2009 invited applications for grant of permit for as many as 12 different routes keeping in view bipartite agreement between the State of Rajathan and the State of Haryana dt.12.09.2008. As there were 1300 applications received in response to the aforesaid notification for the route from Bhadra to Hisar -via- Adampur, the Regional Transport Authority finally heard arguments on all the applications on 30.03.2009 and reserved the judgment. At this stage, he considered that let he may seek permission from the Chief Electoral Officer as model code of conduct came into force by that time and one of the person who was eligible to seek route permit, challenged the decision of the Chief Electoral Officer and approached this court by filing writ petition which came to be decided on 13.05.2009 and while disposing of the writ petition, this court finally observed that let the Regional Transport Authority would be free to pronounce its order.
We may not like to comment at this stage regarding merits of the order passed by the Chief Electoral Officer in the facts of the
D.B.Special Appeal (Writ) No.672/2009. Chief Electoral Officer VS Om Prakash & Ors.
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instant case but since the elections are over long back and the subsequent elections have also been held thereafter, this court finally observe to direct the Regional Transport Authority to pronounce its order keeping in view the question raised to be examined independently in some other proceedings but we do not find any error in directing the Regional Transport Authority of pronouncing its order under the order impugned dt.13.05.2009 and even after the passage of time, we find that the instant appeal itself has become infructuous.
Consequently, the instant appeal stands dismissed as having become infructuous.
(J.K.RANKA),J.
(AJAY RASTOGI),J.
All corrections made in judgment/order have been incorporated in the judgment/order being emailed. Solanki DS, Sr.P.A.
Chief Electoral Officer
Om Prakash
Ajay Rastogi
J.K.Ranka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
