DAYABHAI POONAMBHAI PATEL Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THIS is an application purporting; to be made under Article 226 of the Constitution. The applicant Dayabhai Poonambhai Patel is a resident of Barwani. Prior to its integration with Madhya Bharat barwani was an independent State governed by its Ruler styled His highness the Maharana of Barwani. According to the applicant by an agreement dated 30-11-1947 His Highness the Maharana granted to him for the value of a consideration, a monopoly (sole right) for transport of passengers by motor buses within the State. One of the terms of the agreement was that no other buses or taxies except chose of the applicant would be allowed to ply on hire within (the State territory. That on 29-6-1948 the State of Barwani was merged in and became a part of the union of Madhya Bharat. This was effected in pursuance of a Covenant entered into on 22-4-1948 between the Ruler of Barwani and the Rulers of a number of other States in Central India this had the sanction of the then Govt. of India. The Union acceded to the Dominion of India and now forms a State of Indian Republic under its old name Madhya Bharat.

(2.) IT is further averred that under Article VI (1) (b) of the Covenant to which reference has. been made all the duties or obligations of the ruler of Barwani pertaining or incidental to the Govt. developed upon the united State of Madhya Bharat and the latter undertook and was bound to discharge the same. That the Govt. of the Union adopted and continued the agreement of 30-11-1947 and the petitioner was allowed to operate his bus services In terras of the above mentioned agreement; that after the merger the royalty and the other benefits to which the Ruler of Barwani was entitled under the agreement of 3011-1947 were paid by the applicant and received by the Govt. of the union. That in violation of the terms of the agreement the Regional transport Officer, Indore?an employee of the Madhya Bharat Govt. ? by a notification published in the State Govt. Gazette invited applications for permits to ply on hire passenger buses on a number of routes within the area covered toy the said agreement. It was contended that his was an illegal act in excess of the jurisdiction of the regional Transport Authority.

(3.) THE Motor Vehicles Act (IV (4) of 1939) was adopted by the Madhya bharat and came into force Within the territories of the Union on or about 1-10-1949. It is complained that the applications made by the present petitioner for grant of permits to ply motor buses on hire on some of the routes covered by the agreement of 30-11-1947 were not dealt with by the Regional Transport Officer in accordance with the law. It is complained that they were allowed to remain pending for an inordinately long period and in doing so the State authority acted improperly, maliciously and illegally. That on or about 1-1-1950 the govt. of Madnya Bharat began to operate a bus service of its own on some of those routes. This according to the applicant was done in breach of the provisions of the Motor Vehicles Act and was illegal.