SHIVCHAND AMOLAKCHAND Vs. STATE TRANSPORT APPELLATE AUTHORITY

JUDGEMENT

(1.) L . This petition under Articles 226 and 227 of the Constitution is directed against the grant of a single trip stage carriage permit for the Gwalior -Karera -Pichhor Chanderi route which the Regional Transport Authority, Gwalior made in favour of the Madhya Pradesh State Road Transport Corporation (respondent 3) on 30 July 1962 and which the State Transport Appellate Authority affirmed on 12 November 1963 by dismissing the petitioner's appeal against it.

(2.) THE facts giving rise to this petition may be shortly stated. The Regional Transport Authority, Gwalior invited applications for two stage carriage single trip permits for the route. There were several applicants for these permits. While the petitioner made two applications, each duly stamped, for the two permits, the Madhya Bharat Roadways made only one application for the two permits and paid the prescribed fee in the shops of stamps for only one permit. The Regional Transport Authority, Gwalior selected the petitioner and the Madhya Pradesh State Road Transport Corporation as suitable operators and, by the impugned order dated 30 July 1962, granted to each a single trip permit for the route. Being aggrieved by the grant made to the Madhya Pradesh State Road Transport Corporation, the petitioner appealed to the State Transport Appellate Authority which as already indicated, dismissed the appeal on 12 November 1963. The Madhya Pradesh State Road Transport Corporation too appealed against the grant in favour of the petitioner, but that appeal also was dismissed by the same order.

(3.) IN regard to the first ground, which was faintly urged before us, we consider it sufficient to say that there is no substance in it. The form 'P. St. S. A.' actually used in this case by the Madhya Bharat Roadways is exactly like the one prescribed by the Motor Vehicles Rules in force in the Madhya Bharat Region, the only difference being that the hearing has reference to the Madhya Pradesh Motor Vehicles Rules, 1940. We do not consider that makes any difference in substance.