SURGUJA RAIGARH ROADWAYS P Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution to call up and quash by certiorari-

(2.) THE facts giving rise io this petition are these. The petitioner and other operators held several permits for the Ambikapur-Ramanujganj route. One such permit was granted to me Janta Transport Co-operative Society Ltd. but, upon its expiry, it was not renewed. The Regional Transport Authority, Bilaspur, therefore invited applications for granting instead a new permit. Several persons, including the Durga Motor Service (respondent 2), applied for the permit. It transpired that, on 21 November 1965, the Secretary, Regional Transport Authority, Bilaspur (respondent 3), recorded a note to the effect that only two of the seven services operating on, or covering, the route Ambikapur-Ramanujganj were operating regularly and that, on account of the irregular operation of the other services, the travelling public was "facing difficulties". The Secretary, however, made it clear that applications had been invited, and had already been filed, for a new permit for the route in place of the one which was formerly held by the Janta Transport co-operative Society Ltd. On the basis of this note, the Regional Transport Authority. Bilaspiir, passed on 29th November 1965 the impugned order which is reproduced below:

(3.) HAVING beard he counsel, we have formed the opinion that this application must be allowed The learned counsel for the respondent 2 does not contest the position that, when an application for a new permit is pending in respect of any route, the first proviso enacts that no temporary permit can be granted in respect of that route. Even apart from the concession, the position is not in doubt and is indeed settled by numerous decided cases of this Court one of which is Shree Ram khanna v. Ramgopal Misc. Petn. No. 53 of 1961 D/-28-4-1961 (MP ).