BARRACKPORE BUS SYNDICATE Vs. SERAJUDDIN

JUDGEMENT

(1.) The facts in this case are briefly as follows:

(2.) The Respondent No. 1, Sk. Serajuddin, owned ten buses or stage carriages Which were plying on divers routes In Calcutta and its suburbs. In September 1950, permits for eight buses out of the said ten buses were cancelled and permits were granted to the said Respondent for two buses on Route No. 33. Since then the said route was taken over for plying State Buses of the Government of West Bengal. In March 1954, the Regional Transport Authority directed that the said two buses should ply on Route 12C with effect from April 1954. On June 21, 1954, the said Respondent, made an application for variation of the permits in nig favour by transfer of his buses from Route No. 12C to Route No. 78. The said application was recom- mended and forwarded by the Additional District Magistrate 24 Perganas to the R.T.A. Calcutta. The R.T.A. gave notice of the said application to the petitioner Association and to the Directorate of Transportation, Government of West Bengal. The petitioner Association objected to the said transfer. The main objection Was that there were a sufficient number of buses already operating on the route and that a further increase Would be uneconomic. One of the grounds of objection however was as follows:

(3.) Before the Appeal Sub Committee, the petitioner had taken the point that the appeal did not lie against an order of the R.T.A. refusing to vary the permit or conditions thereof. This point does not appear to have been considered at all by the Appeal Sub Committee.