ATTAR SINGH Vs. REGIONAL TRANSPORT AUTHORITY AGRA

JUDGEMENT

(1.) The facts of this appeal by special leave are very much similar and the points involved are almost identical to those in the case of Sharif Ahmad v. Regional Transport Authority, Meerut, (1978) 1 SCC 1. The Allahabad High Court, in the order under challeng in this appeal, has followed its earlier decision which was upset by this Court in the case aforesaid. We could have disposed of this appeal by a short order saying that it is covered by the earlier decision of this Corut, but some differences in the facts of the two cases led Mr. Yogeshwar Prasad, learned counsel for the respondent operators to advance a strenuous argument to oppose the following of the above course. But on scrutiny, we find that there is no distinction between the two cases on the main point. For the reasons stated hereinafter there has to be made a difference in the operative portion of the order of this Court. We need not state all the facts, the entire history of the litigation, and all the points decided in the earlier case. We shall merely proceed to mention in this judgment facts which are somewhat different and enabled the respondents to endeavour to make out some points of distinction justifiably or unjustifiably.

(2.) The route in question is Firozabad-Etah via Pharia-Mustafabad-Phaptu. The Regional Transport Authority. Agra refused to grant permits to the appellants for plying their stage-carriages on this route by its order dated the 25th October, 1969 on the ground that a part of the route was not motorable. In appeal from the said order the Transport Appellate Authority held on the 16th of January, 1971 that it was a motorable route and directed the Regional Transport Authority to consider the applications of the appellants on merits. Respondent No.3 - one of the existing operators filed Writ Petition No. 501 of 1971 in the High Court challenging the Appellate Order dated the 16th January 1971. In this Writ Petition, the High Court made a stay order on the 20th of May, 1971 permitting the Regional Transport Authority to consider the applications for the grant of the permits on the route and grant them, if on merits, the applications were fit to be allowed. But the permit so granted should not be issued until further orders of the High Court. Then came the insertion of Section 43-A in the Motor Vehicles Act by an amendment of the U. P. Legislature and the general direction of the Government on the 30th of March, 1972, which are all referred to in the judgment of this Court in Shariff Ahmad"s case, (supra).

(3.) On the 1st of May, 1973 the Regional Transport Authority sanctioned or granted the permits to all the appellants by an order made in the following terms: