BIBHUTI BHUSAN GHOSAL AND ANOTHER Vs. APPELLATE SUB

JUDGEMENT

(1.) The Regional Transport Authority, Hooghly at its meeting held on 8th Aug., 1970, resolved to grant two permits in favour of the two petitioners to ply stage carriage in Route No. 12 Serampore-Tarakeswar. The Regional Transport Authority by the said resolution rejected 23 other applications for grant of stage carriage permits in the said Route No. 12 including an application of M/s. Das Brothers Transport Corporation, the respondent No. 3.

(2.) The respondent being aggrieved by the said order dated 8th Aug., 1970 of the Regional Transport Authority preferred an appeal under Sec. 64 of the Motor Vehicles Act read with Rule 84 of the Bengal Motor Vehicles Rules, 1940. The Appellate Sub-Committee of the State Transport Authority by its order dated 27th Aug., 1975 allowed the said appeal of M/s. Das Brothers Transport Corporation end ordered that their case for the grant of a permit for stage carriage in Route No. 12 be remanded to R.T.A., Hooghly, for reconsideration in accordance with law. Till further consideration of the matter status quo in respect of the plying of the buses of the petitioners was directed to be maintained. The petitioners being aggrieved by the said decision of the Appellate Sub-Committee of the State Transport Authority (Annexure 'B' to the petition) the obtained this Rule.

(3.) Mr. Palit, appearing on behalf of the petitioner, has submitted that the Appellate Sub-Committee acted without jurisdiction by remanding the matter to ti e Regional Transport Authority because the said appellate authority neither under Sec. 64 of the Act nor under Rule 84 of the Bengal Motor Vehicle Rules had any such power to remand. Secondly, Mr. Palit submitted that the order of the Appellate Sub-Committee of the State Transport Authority was also erroneous on merits.