P BALARAMAKRISHNA RAO Vs. P SURYAPRAKASA RAO

JUDGEMENT

(1.) This is an appeal from the order of our learned brother Mr. Justice Bhimasankaram quashing the order passed by the Government in G.O. Ms. No. 700 (Public Works & Transport Department), dated the 17th of March, 1956.

(2.) The facts which have given rise to this appeal may be briefly stated : The appellant and the first respondent are transport operators in the Krishna Dtrict. They are near relatives, the appellant being the brother's son of the first respondent. While the appellant's father was operating his bus M.D.K. 181 on the Vijayawada- Bandar route, the first respondent was operating his stage carriage M.D.K. 221 on the Vijayawada-Jaggayyapeta route. In 1944, the owners of the two buses and some others formed themselves into a private limited company under the name of Sri Ramamohan Motor Service Co., Ltd. While the buses were being run in the name of that company, the Managing Director obtained permission from the Transport Authorities in March, 1945, for the interchange of the stage carriage M.D.K. 181 from the Vijayawada-Bandar route to the Vijayawada-Jaggayyapeta route and M.D.K. 221 from the Vijayawada-Jaggayyapeta route to Vijayawada-Bandar route.

(3.) Thus the appellant's stage carriage which had a permit originally to run to the Vijayawada-Bandar route has come to ply on the Vijayawada-Jaggayyapeta route; and similarly the first respondent's bus which originally had a permit to ply on the Vijayawada-Jaggayyapeta route has come to ply on the Vijayawada-Bandar route. Subsequently Sri Ramamohan Motor Service Co., Ltd., was amalgamated with another transport company and the amalgamated transport service was run in the name of Sri Saraswati Motor Transport Co. While so, M.D.K. 181 was replaced by M.D.K. 1389 and M.D.K. 221 was replaced by M.D.K. 1789. In the year 1948, Sri Saraswati Motor Transport Co., went into liquidation and M.D.K. 1389 was handed over to the appellant's father with the permit to operate on the Vijayawada-Jaggayyapeta route ; and M.D.K. 1789 was handed over to the first respondent to operate on the Vijayawada-Bandar route. On the 18th of May, 1954, the appellant and first respondent presented an application to the Regional Transport Officer, Vijayawada, praying for the mutual transfer of their permits to their original routes. On the 25th of May, 1954, the first respondent, however, wrote a letter to the Regional Transport Authority stating that he withdrew the application for transfer and asked for a return of his application. In his proceedings, dated the 18th of June, 1954, the Regional Transport Officer, Vijayawada, informed the parties that further action in the matter was dropped in view of the withdrawal of the application by the first respondent. Against that order, the appellant filed a revision petition before the Government. In G. O. Ms. No. 2028, Public Works and Transport Department, dated the 14th of December, 1954, the Government set aside the order of the Regional Transport Officer holding that the Authority competent to sanction or refuse the transfer of permits is the Regional Transport Authority and not the Regional Transport Officer and remitted the case to the Regional Transport Authority for disposal according to law. On the loth of August, 1955, the Regional Transport Authority made the following order :-