BIPATLAL JAISWAL Vs. REGIONAL TRANSPORT AUTHORITY JABALPUR

JUDGEMENT

(1.) THIS a petition under Articles 226 and 227 of the Constitution

(2.) THE petitioner is a passenger transport operator and had applied for a stage carriage permit for Mandla-Dindori route in lieu of permit No. 19/61 of National transport Service Co-operative Society, Limited, Jabalpur. The permit was valid up to 19-4-1970. On 25-2-1970 the petitioner filed an application for grant of stage carriage permit for the Mandla-Dindori route in lieu of renewal of the permit. Three more applications were submitted by the following operators for grant of stage carriage permit for the said route. Name of the applicants date of application (i) Jabalpur Transport 3-3-1970 development Co Jabalpur. (ii)Dalbir Singh s/o Tara 4-3-1970 singh Jabalpur. (iii) Gourishanker Rawat 5-3-1970

(3.) THE application of the petitioner along with the above 3 applications was published in the Madhya Pradesh Rajpatra dated 10-4-1970 in accordance with the provisions of Sub-section (3) of Section 57 of the Motor Vehicles Act (hereinafter referred to as 'the Act' ). After the objections were received and the applications were ripe for consideration the Regional Transport Authority decided to invite fresh applications vide order dated nil vide Annexure B. A notification was issued in the madhya Pradesh Rajpatra dated 15-5-1970 and in pursuance thereof respondents 2 and 3 filed their applications for grant of permit for the said route. These applications were published in Madhya Pradesh Rajpatra dated 31-7-1970. The contention of the petitioner is that the order of the Regional Transport Authority inviting fresh applications vide Annexure B is contrary to law. He has, therefore, filed this petition praying that the said order may be quashed and the Regional transport Authority be directed to hear and decide the application of the petitioner along with other 3 applications filed in lieu of renewal of permit No. 19/61.