HUKAM CHAND Vs. STATE TRANSPORT AUTHORITY TRIBUNAL

JUDGEMENT

(1.) This is an appeal from an order of Mr. Justice James dated the 5th December, 1958, dismissing a petition under Article 226 of the Constitution.

(2.) The relevant facts are these: On the 8th June, 1957, the Regional Transport Authority, Kanpur Region, invited applications for the grant of a single permit on the Jhansi-Garotha route. In response to this invitation a number of applications were received including a joint application from the appellants who are two in number. The applications were thereafter published in the Government gazette and certain objections were received. The matter came before the Regional Transport Authority on the 16th/17th January, 1958, and by a resolution passed at that meeting the Regional Transport Authority sanctioned the grant of a stage carriage permit for a term of three years to the appellants who were, in their opinion, "the best claimants", and thereafter a permit was issued accordingly.

(3.) Against this order of the Regional Transport Authority three appeals were filed before the State Transport Authority Tribunal, the appellants being respondents Nos. 3, 4 and 5, namely Sri Bhagwan Das Gupta, Sri Ram Gopal Ratha and Sri Radha Mohan. On the 6th February, 1958, the State Transport Authority Tribunal passed an interim order in these appeals directing the Regional Transport Authority , to give its reasons for granting it permit to the appellants, and at the same time it empowered that Authority to hear the parties again in order to be able to give its reasons in detail. The Regional Transport Authority accordingly met on the 10th April, 1958, and after hearing the parties passed the following resolution: