RAM MOHAN BASU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Art. 226 of the Constitution for an appropriate Writ for quashing the order of the District Magistrate, Burdwan. dated the 3rd of Dec. 1953 and the resolution of the Regional Transport Authority dated also the 3rd of Dec., 1953 and the orders of the Appellate Authorities dated the 4th March 1954 and the 8th June 1954 affirming the order of grant of two permits in respect of stage carriage in favour of respondents 5 to 7 and directing the opposite parties 1 to 4 and 7, 8 and 9 to forbear from giving effect to the said orders. The case of the petitioners is that they are bus owners and they held stage carriage permits in respect, of their buses for plying on route between Polempur (formerly Mulkati) in the district of Burdwan and Arambagh in the district of Hoogly. The petitioners Nos. 2 to 9 however are not represented at the hearing It is alleged in the petition that there were five buses plying on this route in 1947 but gradually 8 other buses were allowed permits to ply on this route. On 19th June 1951 applications were invited by the Regional Transport Authority, Burdwan for introduction of four additional bases on Mulkati-Arambagh route and it was notified that permission would be granted in a joint conference of the Regional Transport Authorities, Burdwan and Hooghly. On 12th Nov. 1952 some of the bus owners objected to the introduction of new buses on Polempur Arambagh route on the ground that introduction of new buses on the said route was absolutely unnecessary and such introduction would adversely affect the interest of the existing bus owners. On 19th Nov., 1952 the Regional Transport Authorities decided to postpone the matter of granting of four additional stage carriage permits, for further consideration and they granter extension to three buses which were then plying between Polempur and Naisarai to ply the entire length of the route up to Arambagh On 30th Nov. 1950 the petitioner no 1 filed in objection before the Chairman. Regional Transport Authorities. Burdwan and Hooghly, pointing out that as there were 13 buses running on this route of Polempur to Arambagh which covers a distance of 27 miles only, there was no necessity of sanctioning any more buses and moreover the sanctioning of further permits would affect the pecuniary interest of the existing bus owners. It appears that this objection or representation was made in view of the fact that the Regional Transport Authorities had notified their intention "to hold a joint conference of the Regional Transport Authorities of Burdwan and Hooghly on the 3rd of Dec. 1953 at Burdwan to consider the question of granting route permits to four additional buses, to ply on the said Mulkati-Arambagh route. It is alleged in the petition that this representation or objection dated the 30th November. 1953 was made under the provisions of section 47 of the Motor Vehicles Act 1939. On the 3rd of Dec. 1953 Mr. S.N. Banerjee, the District Magistrate of Burdwan, who was also the Chairman of the Regional Transport Authorities, Burdwan and Hooghly. rejected the petitioners' representation dated the 30th Nov. 1953. The said order of rejection which is annexed to the petition and is marked as annexure E is set out hereunder : "Order.

(2.) It further appears that on the same day, that is the 3rd of Dec. 1953, a joint meeting of the Regional Transport Authorities of Burdwan and Hooghly was held and at such meeting it was resolved that two permits for stage carriages on Mulkati-Arambagh route would be granted in favour of respondents nos. 5. 6 and 7 and fresh applications for granting the remaining two permits on the said route be invited. The minutes of the joint meeting held on the 3rd Dec. 1953 are set out in annexure F to the petition. A portion of the said minutes is set out below :

(3.) The case of the petitioners is that the Regional Transport Authorities at this joint meeting did not take into consideration the representation of the petitioner no 1 which was made en the 30th November. 1958 under Sec. 47 of the Motor Vehicles Act. They took into consideration only those objections and representations which were made under section 57 (3) of the Motor Vehicles Act. On 18th Dec. 1953, the petitioners preferred an appeal against the order of the District Magistrate dated the 3rd Dec. 1953 and against the resolution passed at the joint meeting of the Regional Transport Authorities on the 3rd of Dec. 1953. The Appellate Sub-Committee of the Stage Transport Authority which heard the said appeal on the 25th Feb. 1954 passed the following order on the 4th March 1954 as set out in paragraph 13 of the petition :