JADUMANI PRADHAN Vs. SRINIBASH SAHU

JUDGEMENT

(1.) THIS is an application for a writ of certiorari directed against the appellate order of the State Transport Appellate Tribunal (opposite party No. 2 ).

(2.) ON the Sambalpur-Kuchinda road lying within the district of Sambal-pur under the jurisdiction of the Transport Authority (opposite party No. 3) a vacancy was caused on account of an old operator (Sri Purohit) ceasing to ply his vehicle. Steps were taken by the Transport Authority to fill up the vacancy and the petitioner was granted the permit. The opposite party No. 1 who was a competing applicant appealed to the Appellate authority (opposite party No. 2) against the rejection of his application. He mainly contended that the R. T. A. (opposite party No. 3) was bound to limit the number of stage carriages on the route before the permit could be granted. He also disputed the grounds provided by the Transport Authority for preferring the petitioner to him. The Appellate Authority was of the view that determination by the R. T. A. under section 47 (3) of the Motor Vehicles Act (Act IV of 1939) (hereafter referred to as the Act) of the limit was a condition precedent to grant of any permit and that having not been done, the grant of permit was illegal. He concluded the decision on the point by saying :

(3.) ON the arguments advanced by the parties, three questions arise for consideration.