MATHURADAS REGULAR MOTOR SERVICES Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) THIS order will also govern the disposal of M. P. No. 193 of 1963.

(2.) THE circumstances in which these two applications under Articles 226 and 227 of the Constitution have been filed are that in response to a notification issued by the Regional Transport Authority, Bhopal, inviting applications for the grant of stage carriage permits on Paratwada-Chicholi via Bhainsdehi and Betul route, the two petitioners and the third respondent in each petition, namely, Balwant Regular motor Service of Amaraoti, made applications for grant of permits' to the Regional transport Authority, Bhopal. The route in question is an inter-State route. The major portion of the route lies in this State and the other in the State of maharashtra. Under an agreement concluded between the State of Maharashtra and the State of Madhya Pradesh permits for the route are granted by the Regional Transport Authority concerned of the State of Madhya Pradesh. The petitioners' applications were rejected by the Regional Transport Authority which granted the permit to Balwant Regular Motor Transport Service. The two petitioners then preferred separate appeals before the State Transport Appellate authority, which were dismissed by that Authority, The petitioners now pray that the decision of the Appellate Authority and that of the Regional Transport authority, Bhopal, be quashed by the issue of a writ of certiorari.

(3.) THE ' Appellate Authority held that the selection by the Regional Transport authority of Balwant Regular Motor Service for grant of a permit has justified on the material on record, and added that the petitioner -- Mahuradas Regular Motor transport Service was not present before the Regional Transport Authority when its application was taken up for consideration and so its claim went "by default". The Appellate Authority overruled the contention of the petitioners that as Balwant regular Transport Service did not have its principal place of business within the jurisdiction of the Regional Transport Authority, Bhopal, it was not entitled to get a permit for the route. In the opinion of the Appellate Authority, the matter was concluded by our decision in S. H. Motor Transport Co. v. R. T. Authority, AIR 1962 madh Pra 59.