PRAVASH CH GHOSE Vs. R T A MIDNAPORE

JUDGEMENT

(1.) IN this Rule the petitioners pray for quashing a resolution dated 19th june, 1965 of the Regional Transport authority, Midnapore, passed at its meeting dated 10th July, 1965. The facts stated by the petitioners briefly are: The petitioners Nos. 1 to 10 are the sole operators of the Ghatal-Pash-kura route in the district of Midnapore on the basis of stage carriage permits issued by the opposite party on or about May 4, 1960. Petitioner No. 11 is the association of the said operators registered under the Indian Trade union Act, 1926 having its office at ghatal in the district of Midnapore. Its object, inter alia, was to safeguard the interests of its members viz. the petitioners Nos. 1 to 10.

(2.) ON the basis of the said permits the petitioners Nos. 1 to 10 are plying buses transporting passengers from ghatal to Pashkura and vice versa according to the time table sanctioned by the respondent on or about September 11, 1963. Originally petitioners Nos. 1 to 10 were allowed to ply on the said route on the transhipment basis in view of a bridge which was under construction at a middle station known as Khukhurda. The bridge was opened on or about June 1964 for through service and since then the petitioners have been plying buses directly between the stations ghatal and Pashkura. Since some years past there has been due to the establishment of colleges at Ghatal and Pashkura some congestion of school and college students at special hours between 9 a. m. to 10 a. m. and 4 p. m. to 5 p. m. The petitioners : moved the Regional Transport Authority for sanction of plying some shuttle services during office hours and the secretary of the respondent was requested to accord necessary sanction. On June 19, 1965 the petitioners Nos. 1 to 10, the operators of the route and petitioner No. 11 submitted a memorandum to the respondent stating that if revised timings for through service were allowed the problem of congestion during office hours would be solved and it was, therefore, fair and proper that workings under the revised timings for through service might be watched for some reasonable period of time before any sanction is taken. It was also stated that if any action was taken the petitioners would be placed to serious loss. Without considering this objection the Regional transport Authority, Midnapore, passed a resolution declaring additional five vacancies in the Ghatal-Pashkura route. On the next meeting on 10th july, 1965 the Regional Transport Authority, Midnapore resolved, inter alia, in respect of Agenda No. 1 confirming all the resolutions passed on the 19th june, 1965 including the resolution referred to in Annexure F. On or about 15th July, 1965, the petitioners came across a notice hung up in the notice board of the Regional Transport Authority, Midnapore, inviting applications for five Stage Carriage permits for Ghatal-Pashkura route so as to reach the respondent by 20th August, 1965. That is how the petitioners, in short, felt aggrieved by the two resolutions-Annexure F and Annexure J-passed by the Regional Transport Authority, respondent No. 1, and obtained the present Rule.

(3.) UPON these facts quite a number of grounds were taken by Mr. Chaudhuri, learned Counsel for the petitioners, pressed only one point. The point was that the Regional Transport Authority passed the resolution fixing the limit of stage carriage permits to 15 on the disputed route in place of existing limits of 10 permits without considering the objections filed by the petitioners.