AHMAD HUSAIN Vs. RAMA SHANKAR MISRA

JUDGEMENT

(1.) This is a special appeal against an order of Mr. Justice Mathur allowing a petition under Article 226 of the Constitution.

(2.) M/s. Rama Shankar Misra and Bros, (hereinafter called the respondent firm) filed a petition under Article 226 of the Constitution praying for the quashing of resolution No. 11 (e) dated 1-11-1956, of the Regional Transport Authority, Kanpur, cancelling permanent permit No. 374 for the Mahoba Rajnagar route held by the respondent firm and for the issue of writ of mandamus directing the Regional Transport Authority, Kanpur, and the State Transport Authority, Lucknow, not to interfere with its right of running the stage carriage on that route under that permit. Ahmad Husain, the appellant, on his application was made a party in the writ petition.

(3.) The facts leading to the writ petition are as follows: The respondent firm held stage carriage permit No. 374 for running their stage carriage on the Mahoba-Rajnagar route. The permit was valid up to the 4th October, 1958. Originally the permit related to vehicle No. U. P. R. 4801 but in July, 1952, the respondent firm got that vehicle replaced by another vehicle No. U. P. R. 6962. This vehicle met with an accident. The respondent firm then with the help of a loan from the appellant purchased vehicle No. U. S. C. 266 and got it substituted in the permit No. 374 in September, 1955. On the 15th October, 1955, Rama Shankar Misra and Girja Shankar Misra (proprietors of the respondent firm) signed a receipt at the request of the appellant. The receipt stated that a three-fourths share in vehicle No. U. S. C. 266 had been sold to the appellant, that a three-fourths interest in the permit also had been given to him and that the appellant would from that date be the owner of a three-fourths share in the vehicle and in the permit. It also stated that the vehicle had been given over to the appellant. On the 27th June, 1956, it was agreed that the vehicle should be handed over to the appellant in full and final satisfaction of his dues.