DURG TRANSPORT CO PRIVATE Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE circumstances in which this application under Articles 226 and 227 of the constitution of India has been filed are that the petitioner-company held stage carriage permits for three routes, namely, (1) Administration Office of Bhilai Steel constructions to Sambalpur, via Durg. Balod; (2) Balod-Dhamtari via Gurur and karhibadar; and (3) Durg-Raipur. When these permits were about to expire in 1962, the petitioner filed applications for their renewal before the Regional transport Authority, Raipur. The respondent No. 3. Janata Motor Transport Cooperative society Ltd. , Durg (hereinafter referred to as the Society) also applied for the grant of fresh permits to it in respect of the routes (1) and (2) mentioned above in lieu of the permits held by the petitioner company. The applicant-company preferred objections to the grant of permits to the respondent-society, Both the renewal applications of the petitioner and the applications of the respondent No. 3 were taken up for consideration by the Regional Transport Authority on 31st December 1962, and on 3rd January 1963 the said Authority made an order refusing to renew the permits of the petitioner on all the aforesaid routes and granting permits to the respondent-society for administration Office of Bhilai Steel Constructions to Sambalpur route and Balod-Dhamtari route on the condition that the society should "produce two new vehicles not later than 28th February 1963 and commence the service from 4-3-1963" The regional Transport Authority also made an order on that date inviting applications for Durg-Raipur route in respect of which the petitioner's application for renewal was rejected.

(2.) THE petitioner then filed three separate appeals before the State Transport appellate Authority against the rejection by the Regional Transport Authority of the renewal applications, grant of permits to the respondent-society for two routes, and the invitation of fresh applications for the third route. The appeals are still pending before that Authority. After the filing of the appeals, the petitioner applied to the Appellate Authority for interim order staying the operation of the decision of the Regional Transport Authority with regard to the grant of permits to the respondent-society and inviting fresh applications for Durg-Raipur route On 14th January 1963, the Appellate Authority stayed the operation of the Regional transport Authoritys order inviting fresh applications. It, however, refused to stay the operation of the decision of the Regional Transport Authority granting permits to the respondent-society taking the view that as the petitioner had not filed any copy of the order of the Regional Transport Authority there was nothing which could be legally stayed. The petitioner again moved for the issue of an interim stay order after filing copies of the order of the Regional Transport Authority. These applications were also rejected by the State Transport Appellate Authority on 8th february 1963 on the ground that the petitioner's prayer for stay had already been considered before, that is, on 14th January 1963 and that there was no ground for varying that decision of rejection. The respondent-society also preferred an appeal before the Appellate Authority against the order of the Regional Transport Authority assailing the legality of the condition imposed by that Authority that the society should produce two new vehicles before 28th February 1963. That appeal is also pending before the appellate Authority After the filing of that appeal, the society applied for an interim order so as to enable it to operate the services on the routes in respect of which the Regional Transport Authority had taken a derision to grant permits to the society on the fulfilment of the condition of production of new vehicles with two buses of 1962-model which were in its possession. On 7th March 1963 the appellate Authority made an interim order in the appeal preferred by the society directing the Regional Transport Authority to issue permits to the society if it puts two "existing buses of 1962-model on the routes pending disposal of the appeal. " the petitioner-company has averred that on the request of the society the regional Transport Authority had extended the time for production of new vehicles to 31st March 1963 and that the society did not disclose this fact before the appellate Authority when it applied for an interim order for being allowed to operate the services on the aforesaid two routes with "existing buses of 1962model. "

(3.) THE petitioner now prays for the issue of a writ of certiorari for quashing the order of the Regional Transport Authority, dated the 3rd January 1963 refusing to renew its permits and deciding to grant permits to the respondent-society for two routes. It is also prayed that a writ of prohibition be issued restraining the regional Transport Authority from giving any permit to the respondent-society in pursuance of its order, dated the 3rd January 1963. The petitioner also prays that the interim order passed by the Appellate Authority on 7th March 1963 in the appeal preferred by the society be quashed by a writ of certiorari and the society be restrained from operating the services pursuant to that order A general prayer for the issue of suitable directions has also been made by the petitioner