SABITRI MOTOR SERVICE LTD Vs. ASANSOL BUS ASSOCIATION

JUDGEMENT

(1.) This is a petition filed under Article 227, Constitution of India, praying that this Court should reverse an order made by the Commissioner of Burdwan dated 21-2-1950, by which he set aside an order of the Regional Transport Authority for Burdwan and cancelled a licence or permit which had been granted by that authority.

(2.) The petitioners had a permit for a route, running from Barakar through Asansol and Burdwan to Katwa. As this route covered a long distance, the petitioners surrendered the permit which they held and prayed that the route be split into two, namely, Barakar-Asansol-Burdwan and Burdwan-Katwa, and that separate permits should be granted for these two routes. It seems that the matter came before the Regional Transport Authority of Burdwan on 23-9-1949 and the application of the petitioners for splitting up the route and the granting of two permits was rejected. Later,, however, the authority reviewed its earlier decision and granted the petitioners permits for two omnibuses on each of the two routes. The application had been opposed by the opposite parties in this Court, namely, the Asansol Bus Association and the latter preferred an appeal to the Commissioner of Burdwan who was the appellate authority in these matters. The Commissioner came to the conclusion that the order made could not be justified and he accordingly set aside the order of the Regional Transport Authority and rejected the application for splitting up the old route and the granting of two-permits in respect of the two portions into which the old route would be divided.

(3.) A petition under Article 227 of the Constitution has been preferred and it has been contended by Mr. Atul Gupta on behalf of the petitioners that the Commissioner of Burdwan in hearing this appeal was a tribunal within the meaning of that term as used in Article 227 of the Constitution. Further, he urged that the opposite parties to this petition, namely, the Asansol Bus Association had no right whatsoever to object to the application made by the petitioners to the Regional Transport Authority and further had no right to appeal to the Commissioner of Burdwan. Accordingly the Commissioner of Burdwan had no jurisdiction whatsoever to adjudicate on the matter and as, it is said, his order was without jurisdiction we should set it aside under the powers given to this Court by Article 227 of the Constitution.