DULICHAND KHANDALWAL Vs. STATE OF ORISSA,

JUDGEMENT

(1.) THE Regional Transport Authority, Balasore, advertised for issue of permanent stage carriage permit for the route from Balasore to oupada via Nilgiri. Admittedly the Plaintiff Dulichand Khandalwala had permanent permit for four buses on this route before this date (20 -2 -1964), and none else had any other buses plying on the said route. The impugned permit was to be issued in respect of another bus to be plied on the line. The Plaintiff and opposite party Nos. 3 and 4 were the Applicants for the permanent permit. The Regional Transport Authority rejected the claims of the Plaintiff and O.P. No. 4 and allowed the permit in favour of O.P. No. 3. The Plaintiff filed an appeal before the Chairman, State Transport Authority, and the same being dismissed, this writ application has been filed. Parties are referred to herein as they are in the cause -title of O.J.C. 122 of 1965.

(2.) O .P. No. 4 had also filed an appeal which had been dismissed. He has filed O.J.C. 172 of 1965. Both the writ applications are against the same order and were heard analogously.

(3.) AS has been stated already, the Plaintiff had already four buses running on the line which constitutes a total distance of 36 miles. Though he had better operational facilities and had his own garage and mechanics, both the authorities below were of the opinion that the grant of further permit in favour of the Plaintiff would create a monopoly and thereby would not serve the interest of the public generally.