KISHORILAL Vs. SECY REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution for quashing the temporary permit, permit No. P. Tem. 808-B/1959, granted to respondent No. 2, the Central Provinces Transport Services, Jabalpur, by the Secretary, Regional transport Authority, Rewa, in respect of route Harpal-pur-Chhatarpur for four timings, valid for the period 1st October 1959 to 23rd October 1959 for the carriage of passengers holding road-cum-rail tickets on the ground that the said grant was irregular and in complete disregard of the provisions of the Motor vehicles Act and the rules made thereunder.

(2.) THE petitioner is a transport operator holding permanent stage carriage service permits for the same route (four return trips daily), and he also holds a contract with the postal authorities for carrying mail from Chhatarpur to Harpalpur and vice versa. Harpalpur is the railway-station for Chhatarpur and the timings and the services of the petitioner as well as other operators have been so adjusted that for each tram arriving at Harpalpur or going from Harpalpur, there are two services for people coming to and going from both ends, i. e. , Chhatarpur and Harpalpur. The timings of the petitioner's all four services are also so adjusted that they connect with the train timings at Harpalpur.

(3.) RESPONDENT No. 2, the Central Provinces Transport Services, is a transport undertaking owned by the State Government of Madhya Pradesh. It appears that it has been negotiating for sometime past with the railway authorities for a contract to carry passengers to whom road-cum-rail tickets may be issued either by the railway authorities or by the out-agencies created for the purpose by the railway authorities. The contracts have not yet been finalized but respondent No. 2, by annexure Rule II, notified its willingness to the Chief Commercial Superintendent, central Railway, Bombay, to start out-agencies at Chhatarpur with effect from 1st april 1959.