NEW ORISSA TRANSPORT COMPANY Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) THE petitioner is a private motor transport company which was formerly plying stage carriage vehicles on the Raj Athgarh -Narasinghpur route. The Regional Transport Authority, Cuttack, refused to renew its permit and granted the same to the State Transport Authority of Orissa, over the said route. These two petitions have been filed against this order and they are dealt with in one judgment.

(2.) THE facts which are either admitted, or are clear from the affidavits filed by the parties, may be shortly stated as follows:

(3.) IN 1947, the Orissa legislature passed the Orissa Motor Vehicles (Regulation of State Carriage and Public Carrier Service) Act, 1947, (Orissa Act XXXVI of 1947) whose main object was to modify the provisions of the parent Act so as to give monopoly of transport service to a joint -stock company in which the Central and Provincial Government (now Union and State Government) shall have a controlling interest. It is admitted, however, that this Act has no application to the present case inasmuch as no notification under Sub -section (i) of Section 4 of that Act has issued.