R SIDAMMA Vs. R T AKOLAR

JUDGEMENT

(1.) The petitioner is a Stage Carriage operator. On 19.6.81 he filed an application under S. 57(2) of the Motor Vehicles Act, 1939, (hereinafter referred to as 'the Act') for grant of a stage carr age permit on the inter regional route Iving between Somaser,ty Hally within the region of Kolar Regional Transport Authority and Tumkur Town which is in the jurisdiction of the Regional Transport Authority, Tumkur The application presented to the Secretary RTA, Kolar, first respondent herein, was not acted upon as normally when such application is presented the same has to be published under S 57 (3) of the Act, for inviting objections. On the other hand, when the petitioner approached the first respondent with a representation on 13.7.81, he has been issued an endorsement dated 16.7.81 stating that his application dated 19-6-81 for grant of a stage carriage permit on the route in question will be placed before the Regional Transport Authority, Kolar after the need is established under S. 47 (3) of the Act and notifying the application under S. 57 (3) of the Act.

(2.) Aggrieved by this, the petitioner has approached this Court under Arts. 226 and 227 seeking inter alia, a writ of mandamus directing the 3rd respondent to publish his application under S. 57(3) of the Act, forthwith and also for a direction to the first respondent, Regional Transport Authority, Kolar, to consider the application so published along with the application of the 2nd respondent now under consideration by the Regional Transport Authority.

(3.) Respondent-2, has entered appearance and respondents 1 and 3 though served have remained absent and unrepresented .