MAN SINGH Vs. UNION TERRITORY OF DELHI

JUDGEMENT

(1.) This is an application for a writ under Article 226 of the Constitution brought by the two petitioners in relation to the two permits that they held for Auto Rickshaws which apparently they were plying for hire in Delhi. Patitioner No. 1 was holding permit No.TSR-3468 and petitioner No. 2 permit No.TSR- 5776 These permits for contract carriage were due to expire in the case of petitioner No. 1on 26th November. 1970 and for petitioner No. 2 on 5th November, 1970.

(2.) The petitioners made separate applications for renewal of their permits, petitioner No. 1 applied on 28th September, 1970 and petitioner No. 2 on 29th September, 1970. Thus, petitionor No. 1 made his application 58 days before the permit was due to expire and petitioner No. 2 made his application 37 days before it was due to expire, in accordance with the provisions of section 58 of the Motor Vahicles Act, 1939, as it originally stood bafore the amendment of 1969, these applications were within time.

(3.) . It appears that both applications were considered by the State Transport Authority at a meeting held on 9th July, 1971. but, unfortunately, neither of the petitioners seems to have been served with notices to appear there. On that day both applications were rejected on the ground that they were barred by tims This has led to the institution of this Writ Petition.