BANKURA TRANSPORT CO LTD Vs. APPELLATE COMMITTEE OF THE HOME DEPTT TRANSPORT GOVERNMENT OF WEST BENGAL

JUDGEMENT

(1.) The facts in this case are shortly as follows : The petitioner is the Bankura Transport Co. Ltd. On the 27th February, 1954 they Regional Transport Authority, Bankura, granted a stage carriage permit to it, on the Bankura-Fulkusma Route. Against this order, two appeals were preferred to the Appellate Sub-Committee, being Appeals Nos. B-23 and B-24 of 1954. On or about the 8th November, 1954 the Appellate Sub-Committee dealt with the appeals and set " aside the order of the R. T. A. and directed it to reconsider the matter. The R. T. A. thereupon proceeded to appoint a sub-committee and to consider the matter. Against the order of remand, there was an appeal before the Appellate Committee being Appeal No. 17 of 1954 but no stay was obtained. The result was that the R. T. A. proceeded to consider the matter sent to it on remand, and on the 25th February, 1955 granted' a permit to the petitioner. Another party appealed against this order before the Appellate Sub-Committee and this is Appeal No. B-20 of 1955. The Appellate Committee, finding that there was an appeal already pending between the same parties, and concerning the same subject-matter, sent down the Appeal No, 17 of 1954 to be tried by the Appellate Sub-Committee, together with appeal No. B-20. The Appellate Sub-Committee trying all these matters made an order on the 27th April, 1956 wherein they said, inter alia, as follows: "The Sub-Committee found that the opposite party Bankura Transport Co., who had been granted the permit for the route, already held a number of permits for stage carriages. Rule 57-A of the B. M. V. Rules, 1940, provides that preference shall be given to an applicant having no permit over an applicant holding one or more permits. Admittedly, Messrs. Amar Gari Transport Co. had no permit. There was some dispute as to whether R. K. Transport Service Ltd. possessed one permit or not. In the circumstances the Sub-Committee set aside the order of the R. T. A. Bankura dated 25-2-55 granting a permit to Bankura Transport Co. and directed the R. T. A. to grant the permit for this route in terms of Rule 57-A of the B. M. V. Rules, 1940, taking into consideration all applications received in this respect including the two applicants but excluding the application of the opposite party."

(2.) In other words, the Appellate Sub-Committee found that the Bankura Transport Co. Ltd. held more than one permit while the others held permits less than the petitioner and therefore according to their own interpretation of Rule 57-A held that the petitioner should be excluded altogether. I am informed that against this order there was an appeal to the Appellate Committee but the appeal has been dismissed.

(3.) Rule 57-A which has been introduced by an amendment published in the Calcutta Gazette dated the 30th December 1954 runs as follows: