LIMAI CHARAN PANIGRAHI Vs. M RAM CHANDRA RAO

JUDGEMENT

(1.) THE petitioners in these two writ petitions--two bus owners of Paralakhemedi in the district of Ganjam challenge the orders dated May 24, 1965 and January 10, 1968 of the Regional Transport Authority, Ganjam, granting permanent route permit to M. Ram Chandra Rao, who is opposite party No. 1 in both the writ petitions, for stage carriage on a certain specified route subject to the conditions and on the timings as mentioned in the said orders; the legality of the said orders is questioned by the petitioners as contrary to principles of natural justice, void and in excess of jurisdiction by reason of non-compliance with Rule 55 of the orissa Motor Vehicles Rules, 1940 read with Section 47 (3) and Section 57 (3) of the Motor Vehicles Act (Act IV of 1939) (hereinafter referred to at the Act ). The materials fact and circumstances in which the point arose are as stated hereunder.

(2.) LIMAI Charan Panigrahi petitioner in O. J. C. No. 176 of 1966 and B. Venkayya petitioner in O. J. C. No. 245 of 1966 are both residents of Paralakhemedi in the district of Ganjam and carry on business of running stage carriage vehicles in the district. In relation to their respective business as bus owners Limai Charan panigrahi plies two stage carriage vehicles and B. Venkayya plies one stage carriage vehicle, both on Gumma-Rayagada Via Parlakhemedi route. The said route has a total running distance of 36 miles and the said route lies within the jurisdiction of the Regional Transport Authority, Ganjam.

(3.) IN 1961 one permanent stage carriage permit on the said route was granted to one Sri P. Ghinnaswami for three years and the said Sri Chinnaswami was plying a vehicle on the said route. Ultimately the route in question came to have four vehicles, two belonging to the petitioner Limai Charan Panigrahi, one to the petitioner B. Venkayya and the remaining one to one Sri M. K. D. N. V. Prasad Rao. The Regional Transport Authority considered that four vehicles were sufficient on the said route.