BURDWAN ZILLA MOTOR MAZDOOR MANDALI CO OPERATIVE SOCIETY LTD Vs. REGIONAL TRANSPORT AUTHORITY BURDWAN

JUDGEMENT

(1.) This is an application under Article 226 (1) of the Constitution praying inter alia for a writ in the nature of mandamus directing the respondents to forbear from giving effect to notices dated June 27, 1969" and August 22, 1969 inviting applications for grant (of) stage carriage permits and also to resolution adopted by the Regional Transport Authority, Burdwan on September 30, 1969 in furtherance thereof granting permits. There was a prayer also for a writ in the nature of certiorari for quash ing the same. It is to be mentioned that though the prayers were expressed generally against all the routes referred to in the notices this rule is confined to routes Burdwan to Nasigram and Burdwan to Matedanga and the injunction, which was granted at the time the rule was issued is in force in respect of the said routes only.

(2.) The petitioners' case is that the petitioners Nos. 1 and 2 ply a bus under temporary permits since 1967 on the route Burdwan to Matedanga. The petitioner No. 3 also is plying a bus since 1964 under temporary permits in Burdwan Nasigram (via Bhatar) route. A notification was published on September 27, 1968 in local newspaper 'Damodar' inviting applications for grant of permanent stage carriage permits on 11 different routes, and it was stated therein that three permits were to be granted to the said Burdwan Nasigram route and the last date for receiving applications was November 1, 1968. Another similar notice was published on October 18, 1968 in 'Damodar' inviting applications for grant of permanent stage carriage permits on 41 different routes and it was stated therein that two permits would be granted to Burdwan Matedanga route and the last date for receiving applications was November 25, 1968. It may be mentioned here that the petitioners Nos. 4 and 5 were making grievance in respect of another route but it has been submitted at the hearing that they are no longer interested in this litigation.

(3.) In the issue of Damodar of July 4, 1969, another notice dated June 27, 1969 was published inviting further applications for grant (of) permanent stage carriage permits in sixty-two routes. Both the above routes were included in the said notification as serials 16 and 44 and the number of permits in respect of both routes was raised to five. It was stated therein that those who had already applied were not required (to) apply again as their applications would be considered with new applications.