BANAMALI DALBEHERA Vs. CHAIRMAN PROVINCIAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) This is an application for the issue of a writ against the Provincial Authority of Orissa and the Regional Transport Authority of Cuttack District in the following circumstances : The applicant before us along with opposite party Nos. 3, 4 and 5, viz., Srimati Khirodemani Dasi, Debendra Nath Misra and Narayan Patro, and quite a large number of others, were applicants for permits to ply stage-carriages on the Cuttack-Niali Road. These applications were considered by the Regional Transport Authority, Cuttack, at its meeting held on 3-2-50 and permits were granted to opposite party Nos. 3, 4 and 5 before us. The applications of all others including that of this applicant were rejected. As against this decision of the Regional Transport Authority, he went up in appeal to the Chairman, Provincial Transport Authority. On that appeal, the decision taken by the Regional Transport Authority was affirmed. Hence this application before us for a writ to quash the above orders and for a direction to those authorities to reconsider his application on the ground of certain illegalities.

(2.) It would appear that on this route, there were originally three buses plying and that the Regional Transport Authority decided under Section 48, Motor Vehicles Act, to increase the number of stage-carriages on the route from three to six at their meeting held on 17-1-49. A number of applications were accordingly made by various persons for the grant of these additional three permits. They actually came up for consideration before the Regional Transport Authority at its meeting on 3-2-50. Pending the issue of the permanent permits for the additional three buses, temporary permits were issued as follows : On 21-3-49, two persons, (i) Khirodemani Dasi, and (ii) Mohendra Nath Aich, were given temporary permits. The applicant before us is the transferee of the bus of Mohendranath Aich. He obtained a temporary permit in his own name from 7-11-49. Opposite party No. 4 obtained a temporary permit on 4-1-50 and opposite party No. 5 obtained a temporary permit on 6-1-50. The Regional Transport Authority in the minutes of its meeting held on 3-2-50 relating to permits for the Cuttack-Niali route stated as follows :

(3.) This decision is attacked on the following grounds :