UNITED TRANSPORT COMPANY Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India the petitioner has prayed for the issue of a writ in the nature of certiorari to quash the entire proceedings started by the first respondent, the Regional Transport Authority, Mangalore pursuant to its notification dated 10th January, 1959, and the order granting permits or counter-signatures to respondents 3 to 10 in the said proceedings and for a further direction to grant permits to the petitioner's vehicles after considering his applications in accordance with law. One more relief prayed for to direct the first respondent to grant the certified copy of the order made in favour of respondents 3 to 10 has become unnecessary since the copy of the relevant resolution has been furnished subsequent to the filing of the writ petition.

(2.) The petitioner and respondents 3 to 10 are carrying on transport business in Mangalore. The petitioner was plying eight lorries on Mangalore-Bombay route since the year 1956. The said lorries had permits issued by the Regional Transport Authority, Mangalore, valid for South Kanara District and they were plying in the Bombay State under temporary permits issued by the Regional Transport Authority, Mangalore, after obtaining the concurrence of the State Transport Authority, Bombay. For the purpose of his business, petitioner is maintaining an office in Bombay also.

(3.) For facilitating inter-State trade and commerce, the Governments of the State of Mysore and Bombay entered into an arrangement for grant by each State, of 300 permits on inter-State routes lying in the said States. The provisions of the agreement were published under Notification No. H.D. 200 M. V. A. 57 dated Bangalore, 25th May, 1959, in the Mysore Gazette. The relevant portion of the notification reads thus:" In exercise of the powers conferred by subsection (i) of Section 43 of the Motor Vehicles Act, 1939 (Central Act IV of 1939), the Government of Mysore, are pleased to issue the following directions to the State Transport Authority, the draft of the said directions having been published in Part IV Section 2 (c) of the Mysore Gazette dated the 6th November, 1958, with Government Notification No. HD 200 (3) MVA 57 dated 27th October, 1958, the objections and suggestions received in respect of the said draft directions having been considered in consultation with the State Transport Authority and the representatives of the interests affected having been heard. Directions. The State Transport Authority is directed to take necessary action to give effect to the following arrangement entered into with the Government of Bombay regarding inter-State operation of transport vehicle.