JAGANNATH SAHU Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE petitioner, a partner of Messrs. Sahu Transport Corporation, Jajpur, filed this petition under Article 226 of the Constitution of India praying, in effect, for the issue of a writ of certiorari quashing the notice dated 15-5-69 (Annexure H) inviting applications for the grant of three permanent stage carriage permits on the route between Khalpal and Bhuban via Kamakshyanagar in the District of Dhenkanal. A writ of mandamus is also prayed for against the Regional Transport Authority, Dhenkanal, prohibiting it from proceeding further in the matter.

(2.) THE Sahu Transport Corporation (hereinafter referred to as Corporation) of which the petitioner is a partner, is plying buses on the route between Khalpal and Jajpur-Keonjhar Road on the strength of the permanent permit granted to the Corporation by the Orissa State Transport Authority (hereinafter referred to as S. T. A.). THEreafter, the Regional Transport Authority (hereinafter referred to as R.T.A.), Dhenkanal, invited applications for three permanent stage carriage permits on the route between Khalpal and Bhuban via Kamakshyanagar, by issuing a notice dated 15-5-69 as at Annexure H. THE Corporation, through the petitioner, preferred an objection on 6-8-69 before the Chairman, R.T.A. Dhenkanal. challenging, amongst other things, the R.T.A.'s jurisdiction to issue the said notice inviting applications for permits, and/or to grant any permit in favour of anybody else on any portion of the said route on which the Corporation has been operating on the basis of a permanent permit issued by the S.T.A. It was stated by Mr. Parija, the learned counsel for the petitioner, that the above objection was rejected on 30-8-69, and the revision preferred on the said rejection was also dismissed on 20-9-1969.