JASRAM Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution is directed against a revisional order of the State Transport Authority (respondent 1) dated 20-11-1959, by which an order of the Regional Transport Authority, Gwalior (respondent 2) dated 24/25 February 1958 granting to the petitioner extension of a permit for Datia-Nowgong route up to Chhatarpur was set aside.

(2.) While Hassanand Dharamsingh of Datia and Virbhandas Jasram of Satna, who had combined, held a permit for Datia-Nowgong route for three years commencing from 8-12-1956 the Nowgong Bus Association held another like permit. These two permit-holders applied to the Regional Transport Authority, Gwalior, for including the route Nowgong-Chhatarpur in the permits granted to them. The two applications were duly published and representations were invited against the proposed variation. One of the two objectors was the Bundelkhand Motor Transport Company, Nowgong (respondent 3), who urged that the applications could not be entertained by the Regional Transport Authority, Gwalior. Although that objector was not present at the public hearing fixed for the purpose and his representation was also made beyond time, the Regional Transport Authority considered the objection and held that, in view of Section 45 of the Motor Vehicles Act, it had jurisdiction to entertain the application made by Hassanand Dharamsingh and Virbhandass Jasram. Since the other objector withdrew his objection, the application was allowed on 24/25 February 1958 and the new route Nowgong-Chhatarpur was included in the permit granted to them subject to the condition that it was validated under Section 63 of the Act by the countersignature of the Regional Transport Authority, Rewa. This variation of the permit was duly countersigned by the Regional Transport Authority, Rewa. Even so, on 11-4-1958, the respondent 3 filed an application for revising the order dated 24/25 February 1958. By the impugned order dated 20-11-1959, the State Transport Authority set aside the order of the Regional Transport Authority, Gwalior, on the ground that the application for inclusion of the route Nowgong-Chhatarpur was one made for the grant of a fresh permit and that since the route was wholly outside the territorial jurisdiction of the Regional Transport Authority, Gwalior, that Authority was not competent to make a grant in respect of that route.

(3.) The petitioner has challenged the order of the State Transport Authority on the following grounds: