PREMCHAND JAIN Vs. REGIONAL TRANSPORT AUTHORITY, GWALIOR

JUDGEMENT

(1.) The following question has been referred to this Bench :

(2.) 1974 MPLJ 922. G.P. Singh and B.R. Dube, JJ. reached the following conclusion : -

(3.) THE petitioner is a stage carriage operator holding one permit on route Bhander -Gwalior via Datia Dabra for one return trip. The Regional Transport Authority by his order dated September 29, 1975, held that until finalisation of Scheme No. 38 (published by the M.P. State Road Transport Corporation), it was essential to make arrangement. Since grant of temporary permit for four months every now and then causes inconvenience, the Regional Transport Authority decided to grant permit for three years or till finalisation of the proposed Scheme, whichever is earlier. Having decided that principle the Regional Transport Authority granted a temporary permit to Guruprasad Arora (respondent 3). The temporary permit issued was for the route Chhoti Badauni -Gwalior via Datia, Dabra for the return trip daily for a period of three years or till finalisation of Scheme No. 38. The petitioner challenged the temporary permit inter alia on the ground that it could not be granted for more than four months.