ABDUL AZEEZ Vs. MYSORE REVENUE APPELLATE TRIBUNAL BANGALORE

JUDGEMENT

(1.) This Writ Petition is directed against an order of the Mysore Revenue Appellate Tribunal dated the 16th of November 1960 passed in Appeals Nos. 450, 546, 553 and 573 of 1960 on its file presented to it under section 64(2) of the Motor Vehicles Act. The first respondent is the said Tribunal. Respondents 2 to 5 are operators of stage carriage services who are interested in the subject matter in dispute.

(2.) The petitioner is an operator of stage carriage services in the Districts of Bellary and Chitaldrug. One of the services operated by him was that covering a route between Raydurg and Bellary. In December 1956, the Petitioner applied for an extension of this route from Bellary up to Kampli via Kolur, Kurugodu and Yemmiganur. As the jurisdiction in respect of the matter became transferred from the Regional Transport Authority, Bellary, to the Regional Transport Authority, Bangalore, the petitioners application was considered by the Bangalore Authority. On 27.9.1957, the said Authority rejected the petitioners application for extension of the route. At the same time, it took the view that there was necessity to start fresh stage carriage services in respect of the route between Bellary and Kampli via Kolur, Kurugodu and Yemmiganur, as a separate route, and resolved to call for applications from operators in respect of the same. Accordingly, the Secretary of the Regional Transport Authority, Bangalore, published a notification dated the 16th of October 1957 under section 57 (2) of the Motor Vehicles Act, inviting applications for the grant of stage carriage permits on that route. Sixteen persons including the petitioner and respondents 2 to 5 made applications pursuant to that notification. On 31.12.1957, consequent upon the redistribution of jurisdiction between several Regional Transport Authorities in the State, the Regional Transport Authority, Bellary, once again acquired jurisdiction in respect of the aforesaid route. On 5.8.1958, the Bellary Authority granted the permit to the petitioner by selecting him out of the sixteen applicants. Eight of the unsuccessful applicants including the present respondents 2 to 5 filed appeals before the State Transport Authority of this State. On 24.9.1958, that Authority allowed all these appeals on two principal grounds, viz., that the notification published under section 57 (3) after receipt of applications was invalid for lack of certain particulars and that the Regional Transport Authority had violated the provisions of section 57 (7) by not stating the reasons for refusing the grant of permits to the unsuccessful applicants. It, therefore, remanded the matter to the Regional Transport Authority, Bellary. The petitioner, respondents 2 and 3 and another went in further appeal to the board of Revenue which , at that time, was exercising the second appellate powers. The Board dismissed all the appeals. There were certain Writ Petitions filed in this Court, but it is not necessary to make any reference to any of them for the purpose of the present case.

(3.) After the remand aforesaid, the Regional Transport Authority, Bellary, published fresh notification under section 57 (3) bearing the date 9.12.1959 in the Mysore Gazette dated 24.12.1959. on 18.2.1960, the Regional Transport Authority, Bellary, once again granted the permit to the petitioner. Seven appeals were presented to the State Transport Appellate Tribunal by respondents 2 to 5 and three others. All these appeals were dismissed on the 24th of May, 1960. Respondents 2 to 5 went up in further appeal before the Mysore Revenue Appellate Tribunal. On 16.11.1960, the Revenue Appellate Tribunal allowed these appeals and made the order of remand, which is challenged before us in this Writ Petition.