SHEIKH MOHD ANEES Vs. STATE OF M. P.

JUDGEMENT

(1.) These intra-court appeals are filed under Section 2(1) of the Madhya Pradesh Uchch Nyayalaya (Khand Nyaypeeth ko Appeal) Adhiniyam 2005. Considering the similitude of controversy involved, they were heard analogously and are being disposed of by a common order.

(2.) For the sake of clarity and convenience the facts adumbrated in W.A. No.806/2019, arising out of order passed by the learned Single Judge in W.P. No.14973/2018 are taken note of. In the said writ petition the appellant/writ petitioner has prayed for quashing of the order dated 15-12-2017 whereby the respondent No.4, who was working as Divisional Deputy Transport Commissioner, was given an additional charge of Divisional Deputy Transport Commissioner of Bhopal, Sagar, Rewa, Shahdol and Jabalpur Divisions. By that order it was further directed that the respondent No.1 will also discharge functions of Regional Transport Authority and Divisional Deputy Transport Commissioner in addition to his charge of the post of Divisional Deputy Transport Commissioner, Narmadapuram Division, Hoshangabad. By way of an amendment the writ petitioner also challenged the order dated 26- 8-2015 whereby the respondent No.4 was given a proforma promotion and was posted as Divisional Deputy Transport Commissioner with effect from 01-12-2014. The learned Single Judge dismissed the writ petitions on the ground that the petitioners/appellants have no locus standi to question the promotion of the respondent No.4 on the post of Divisional Deputy Transport Commissioner in writ jurisdiction challenging grant of permit in absence of a writ of quo warranto.

(3.) The learned counsel appearing for the respondents/State submitted that the appellants being existing operators have no legal right to raise any objection while consideration of the fresh applications for grant of permit under sections 72 and 80 of the Act. They further submitted that the respondent No.4 was promoted on the post of Divisional Deputy Transport Commissioner and as per the notification issued under the provisions of Section 68 of the Act, Divisional Deputy Transport Commissioner has been specified to exercise and discharge the powers and functions through out the related areas and districts mentioned in the dated 5-11-2015. Therefore, the respondent was authorized and competent to grant permit under Section 68 of the Act.