MASI ULLAH Vs. STATE TRIBUNAL APPELLATE

JUDGEMENT

(1.) THESE two writ petitions raise a common question of law and so they have been heard together.

(2.) THE petitioner in writ petition No. 581 of 1963 held a stage carriage permit on the Lucknow-Tikaitganj Babaganj route. He applied for the renewal of his permit and by a resolution of the Regional Transport Authority, opposite party No. 2 dated the 7th of March, 1962. It was allowed to be renewed for a further period of three years on condition that the petitioner shall place 1952 model or later model on the route.

(3.) THE prayer is for the issue of a writ of certiorari for the quashing of the orders of opposite party No. 1 dated the 21st of August, 1963, dismissing the appeal and of opposite party No. 2 dated the 7th of March, 1962, granting permit imposing condition aforesaid. In writ petition No. 581 of 1963 there is also a prayer to the effect that a writ of mandamus be issued commanding the Regional Transport Authority to allow the petitioner to operate his bus so long as it was found fit as required by the Motor Vehicles Act and Rules. In writ petition No. 582 of 1963 the prayer is that the opposite party No. 2 be commanded to allow the petitioner to ply his vehicle. Apart from these two prayers there is a general prayer for the grant of such writ, direction or order which the Court may deem fit in the circumstances of the case to pass.