NAZIR BHAI HAJI GHISABHAI Vs. PHOOLCHAND MUNNALAL JAISWAL

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution is directed against two orders, one passed by the Regional Transport Authority, Indore (respondent 3) on 30/31st January, 1958, whereby a stage carriage permit for Indore-Julwania-Barwani route was granted to phoolchand (respondent 1) in preference to other claimants including Nazirbhai (petitioner), and the other passed by the State Transport Appellate Authority (respondent 2) on 31st May, 1961, by which the appeal filed by two of the rival claimants and an objector was dismissed.

(2.) For a permit for the route there were as many as seven applicants many of whom also made representations against the rival claimants. In regard to the claim made by Nazirbhai the Regional Transport Authority observed:

(3.) The petitioner has challenged the two orders of the Transport Authorities on these grounds. They took into account extraneous and irrelevant considerations. They also omitted to have regard to the matters which they were bound to consider under Section 47 of the Motor Vehicles Act, 1939. Further, the State Transport Appellate Authority misconstrued one of the reasons given by the Regional Transport Authority.