LAWS(MPH)-1992-1-35

KRISHAN BALLAV SHARMA Vs. STATE TRANSPORT AUTHORITY

Decided On January 16, 1992
Krishan Ballav Sharma Appellant
V/S
STATE TRANSPORT AUTHORITY Respondents

JUDGEMENT

(1.) THIS writ petition under Article 226/227 of the Constitution has been filed alleging that the petitioner arc petty bus operators and are operating their vehicles on the routes covering on or part of the route in question. The petitioner No.1 is also an applicant before the learned State Transport Authority and the respondent No.1 is also an applicant for grant of stage carriage for the route in question (Rajgarh to Bakani) which is an inter -State route. The vacancy is only for one permit, and the respondent No.2 has also applied for grant of permit in the said vacancy. Thus, the petitioner No. 1 and respondent No.2 are co -applicants.

(2.) THE route Rajgarh -Bakani is included in the reciprocal agreement arrived at in between the States of Madhya Pradesh and Rajasthan and according to this agreement a quota or two permits and two vehicles for four trips daily has been fixed for State of Madhya Pradesh. The respondent No.2 is said to be holding a stage carriage permit No. P. St. S. 17/68 for two S.T. daily by one vehicle for this route.

(3.) THE matter regarding consideration of the application of the respondent No.2 was fixed for hearing before the learned State Transport Authority, on 19.9.86. The State Transport Authority vide its order dated 19.9.86 kept pending the matter till disposal of the Revision No. 174 of 1986 filed by the respondent No.2. The respondent No.2 has filed a writ petition against the order dated 19.9.86 which is pending before the Indore Bench of this High Court and the High Court, at Indore has directed the State Transport Authority to hear and decide the application of the petitioner expeditiously.